Fresholtz v. Board of Trustees

LANGDON, J.

Petitioners asked for a writ of mandate compelling the defendants to call a special election and submit to the electors of the City of Culver City the question of whether such municipal corporation should he consolidated with the city of Los Angeles.

The petition alleged that on May 14, 1928, the petitioners, who are qualified electors in the City of Culver City, filed a petition signed by not less than one-fourth in number of the qualified electors of the City of Culver City, as shown by the registration of electors of the county of Los Angeles with the legislative body, of the City of Culver City, asking that said city and the city of Los Angeles, a city of greater population and contiguous with the City of Culver City, be consolidated.

The respondents filed a demurrer, which was overruled, and they then filed an answer in which it was alleged, among other things, that “these respondents admit that on or about the 14th day of May, 1928, a petition was filed with the said Council of the said City of Culver City, but allege that said petition contained less than one-fourth of the number of qualified electors for the said City of Culver City as shown by the registration of the qualified electors for the county of Los Angeles.”

The trial court heard some evidence, but rejected certain other evidence regarding the written withdrawal of the names of a number of the signers of the original petition and also rejected evidence offered to the effect that a number of persons signing the said petition were not at the time of signing registered voters, but had registered as Voters later in the day upon which the petition was signed.

The trial court held that the petition was sufficient to

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invoke the action of the city council and ordered that body to call the special election.

From this judgment defendants and respondents appeal, urging that the rulings of the trial court with reference to the rejection of evidence offered by them were erroneous, and particularly urging, as decisive of the appeal, the point that the determination by the board of trustees or city council as to the sufficiency of the petition filed with them is final and that it is beyond the power of the court to inquire into the validity of the action of said city council in determining the sufficiency of said petition, in the absence of any allegation that the said council acted fraudulently in the matter. This position is supported by the following authorities: