County of Fresno v. Clovis Unified School District

Plaintiff county appeals from a summary judgment in favor of defendant district arising from an unsuccessful trustee recall effort.

Facts

The circumstances of the instant case are set forth in the plaintiff’s statement of undisputed facts filed October 1, 1986, and defendant’s statement of undisputed and disputed material facts filed June 18, 1987: “On June 15, 1984, proceedings were commenced for the recall of certain members of the governing Board of Trustees of the Clovis Unified School District by the service, filing, and publication of a Notice of Intention to Circulate a Recall Petition pursuant to California Elections Code Section 27000 et seq. Said notice named John E. Coffman, Paul C. Anderson, John W. Davis, and Gerald E. Walker.

“On June 28, 1984, the proponents of the recall filed two blank copies of the recall petition with the Fresno County Clerk, Elections Division, pursuant to California Elections Code Section 27031.5.

“On July 6, 1984, the Fresno County Clerk, Elections Division, notified the proponents of the recall that the proposed form and wording of the recall petition met the requirements of the California Elections Code.

“On November 5, 1984,…