Goodenough

Goodenough v. Superior Court

Good Law
18 Cal. App. 3d 692·1971 Cal. App. LEXIS 1423·96 Cal. Rptr. 165
Court of Appeal of CaliforniaJuly 12, 1971Civ. 11068California1,521 words

Opinion

Opinion

Robin Goodenough (petitioner) seeks mandate to compel the superior court to set aside its judgment denying a writ of mandate and to enter judgment granting such writ.

The writ was sought to compel the real parties in interest, four members of the City Council of the City of Coronado and the city clerk of said city, to call a special election under the provisions of section 4022 of article 1 of chapter 3 of division 4 of the Elections Code.

The subject matter of chapter 3 is municipal elections having to do with the Initiative, Referendum and Freeholders’ Charter Amendments. Article 1 deals exclusively with the machinery of initiative petitions, measures and elections.

Section 4022 of the Elections Code is as follows: “When a special election is to be called under this article, it shall be held not less than 74 nor more than 89 days after the date of the presentation of proposed ordinance to the legislative body, and shall be held in accordance with the provisions of this code. To avoid holding more than one special election within any six months, the date for holding the special election may be fixed later than 89 days, but as early a date as practicable after the…

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