Younger

Helena Rubenstein International, dba People’s Lobby, and Joyce Koupal (hereinafter collectively called appellants) appeal from orders of dismissal after trial courts sustained demurrers without leave to amend in the mandamus (2d Civ. No. 45770) and taxpayers’ (2d Civ. No. 46036) actions consolidated herein. At issue is the meaning of “convicted” or “conviction” under California law for purposes of exclusion from public office.

On July 27, 1974, the Lieutenant Governor of California, Ed Reinecke, was found guilty of perjury ( 18 U.S.C. § 1621 ) by a jury in the United States District Court for the District of Columbia.

On July 29, appellants filed a taxpayers’ action (Code Civ. Proc., § 526a) against respondents Reinecke, Controller Houston Flournoy and the State of California to enjoin the payment of Reinecke’s salary and to require him to return to the state any compensation received after July 27. Appellants also requested respondent Attorney General Younger to initiate quo warranto proceedings (Code Civ. Proc., § 803) to remove Reinecke from office. Appellants claimed that rendition of the jury verdict disqualified Reinecke from holding office and receiving a salary…