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The California Trial Lawyers Association and Leonard Esquina (petitioners) seek a writ of mandate commanding the Secretary of State and the registrars of voters for Sacramento, San Francisco and Los Angeles Counties (respondents) to refrain from undertaking or continuing any action to qualify or place on the ballot a proposed initiative. The initiative is entitled the “Insurance Cost Control Initiative of 1988” (“the initiative”). Real parties in interest are Stanley Zax and the Association of California Insurance Companies (hereafter referred to collectively as “Association”). The Association of California Insurance Companies participated along with other insurance industry representatives in the development of the initiative.

On January 26, 1988, the Attorney General provided the Secretary of State with a title and summary of the initiative prepared pursuant to Elections Code sections 3503 and 3513. Thereafter supporters of the initiative began circulating petitions to have it placed on the November 1988 general election ballot.

Petitioners assert the initiative is invalid in its entirety because it violates article II, section 8, subdivision (d) of the California…