Nicolopulos

Nicolopulos v. City of Lawndale

Good Law
111 Cal. Rptr. 2d 420·2001 Cal. App. LEXIS 685·2001 Daily Journal DAR 9315·91 Cal. App. 4th 1221·2001 Cal. Daily Op. Serv. 7581
Court of Appeal of CaliforniaAugust 28, 2001B144311California2,609 words

Opinion

Opinion

Vogel, J.

Introduction

Plaintiff and appellant Stephen Craig Nicolopulos appeals from a judgment of dismissal following the sustaining of a demurrer without leave to amend to his first amended complaint against the City of Lawndale, the Lawndale City Council, and individual members of the Lawndale City Council.

Appellant was the elected city clerk of Lawndale. In February 2000, the city council by resolution declared the office was vacated on the ground appellant was not a resident of Lawndale (Gov. Code, § 36502), appointed Assistant City Clerk Pamela Giamario as acting city clerk pending appointment or election of a new city clerk to fill the vacancy, and set a special election for November 2000 to fill the vacancy for appellant’s unexpired term (Gov. Code, § 36512).

Appellant filed his first amended complaint in March 2000, asserting five causes of action against the City of Lawndale, the city council, and individual members of the city council. The asserted causes of action were: (1) writ of mandate pursuant to Code of Civil Procedure section 1085, (2) writ of administrative mandate pursuant to Code of Civil Procedure section 1094.5, (3) injunction, (4) injunction and…

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