Smith v. Superior Court

Petitioner Jeffrey Smith is a member of the Contra Costa County Board of Supervisors. As a member of the board, Smith cast a vote that the county appeal an order entered in federal litigation involving the county. Thereafter, Kevin Degnan, real party in interest, sought injunctive relief in respondent court to set aside Smith’s vote on the ground that Smith’s participation in the decision to appeal violated California’s Political Reform Act. Respondent court agreed, issued a preliminary injunction setting aside Smith’s vote, and Smith now seeks a writ to vacate respondent court’s order.

Facts — Procedural History

The federal litigation (Latimore et al. v. County of Contra Costa (No. C 94-1257)) (hereafter Latimore) is a class action filed in the United States District Court for the Northern District of California by a group of indigent minority individuals and community churches. As explained by the federal court, the action challenges the failure of county and state health services officials to provide county hospital services to the county’s minority poor residents equal to that afforded to the predominantly White central county residents. The plaintiffs alleged that…