Pulskamp
Pulskamp v. Martinez
Opinion
Opinion
Nott, J.
Petitioner Tom Bradley, the mayor of the City of Los Angeles, mistakenly signed an ordinance passed by the city council authorizing a special election to amend the Los Angeles City Charter. Upon discovering his error, the mayor five days later vetoed the legislation. However, respondent Elias Martinez, the city clerk, announced he intended to include the proposed charter amendment on the ballot for the upcoming June 4, 1990, election. Thereafter, the mayor, in his individual capacity, along with petitioner John Pulskamp, a taxpayer, commenced the present action in the superior court for a writ of mandate, seeking to command Martinez to exclude the referendum from the ballot. The trial court denied the petition. The charter amendment was placed on the ballot and was subsequently approved by the electorate. This appeal follows. We affirm.
Contentions
Petitioners argue the trial court erred by determining (1) that the mayor’s signature conclusively evidenced his approval of the ordinance calling for the ballot measure, and (2) that the city clerk could knowingly take advantage of the mayor’s mistake. Respondent counters that (1) petitioners lack standing to challenge…