Taitz v. Obama CA4/3

Filed 10/31/13 Taitz v. Obama CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

ORLY TAITZ,

Plaintiff and Appellant, G047746

v. (Super. Ct. No. 30-2012-00582135)

BARACK OBAMA et al., OPINION

Defendants and Respondents.

Appeal from orders of the Superior Court of Orange County, Charles Margines, Judge. Affirmed. Orly Taitz, in pro per., for Plaintiff and Appellant. No appearance for Defendants and Respondents.

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Orly Taitz filed a statement of contest seeking to prevent the Secretary of State from certifying the election results of the 2012 primary election, contending President Obama is not a natural born citizen, and thus is ineligible for the office of the President, and that California voter rolls are rife with fraud. She named as defendants President Barack Obama, Senator Diane Feinstein, and Elizabeth Emken, who prevailed over Taitz in the Republican primary to later challenge Senator Feinstein in the general election. Failing in her attempt to block the primary results, Taitz later filed an ex parte motion seeking to stay certification of the results of the 2012 general election. The trial court denied her motion for a stay of certification and dismissed the proceeding on multiple grounds, including that Taitz never properly served defendants, failed to exhaust her preelection remedies, that her challenge was barred by laches, and that only the Sacramento Superior Court has jurisdiction to hear such election challenges. The trial court also awarded third party discovery sanctions against Taitz. We affirm.