Andal

Andal v. Miller

Good Law

1994 Cal. App. LEXIS 924·28 Cal. App. 4th 358·34 Cal. Rptr. 2d 88·94 Daily Journal DAR 13067·94 Cal. Daily Op. Serv. 7149

Court of Appeal of CaliforniaSeptember 15, 1994C019118California3,532 words

Opinion

Sparks, J.

Assemblyman Dean Andal, the petitioner in this writ proceeding, is a candidate for a seat on the Board of Equalization at the General Election scheduled for November 8, 1994. One of his opponents is State Senator Robert Presley, the real party in interest. Andal commenced this original mandamus proceeding against Acting Secretary of State Tony Miller seeking a writ of mandate from this court directing Miller to refuse to accept Presley’s ballot designation as “Senator/Peace Officer” because it violates Elections Code section 10211.

This proceeding mirrors one initiated in Sacramento County Superior Court. In the superior court proceeding the court denied Andal’s petition in a ruling from the bench made August 26,1994. Due to the imminency of the election, Andal has commenced this original proceeding in this court (Cal. Const., art. VI, § 10; Code Civ. Proc., §§ 1085, 1086) rather than appeal (Elec. Code, § 10015) or seek mandate against the superior court (Mann v. Superior Court (1986) 181 Cal.App.3d 372, 374-375 [ 226 Cal.Rptr. 263 ]; Luke v. Superior Court (1988) 199 Cal.App.3d 1360, 1361, 1364 [ 245 Cal.Rptr. 594 ]). Extraordinary relief is available in these…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.