Lungren

Petitioner, the Attorney General of the State of California, seeks a peremptory writ of mandate directing respondent superior court to vacate its judgment entered August 2, 1996, insofar as it compels the Attorney General to revise the ballot title and ballot label for Proposition 209 consistent with the statements of respondent superior court made during the August 1,1996, hearing to “reflect that the chief purpose of the measure is to prohibit affirmative action programs by public entities that are inconsistent with the prohibition in the measure.” To preserve our jurisdiction, on August 7, 1996, we issued an order staying respondent court’s judgment and any proceedings thereon, pending further order of this court.

We conclude there is no legal or factual basis for respondent court’s interference with the exercise of petitioner’s statutory duties. We shall therefore order a peremptory writ of mandate to issue and continue our stay order pending finality of this decision.

*438 In its judgment, respondent court granted in part and denied in part the mandate petition of real party in interest. That judgment is appealable. (See 9 Witkin, Cal. Procedure (3d ed. 1985)…

I concur in the judgment.

As the majority point out, the Attorney General’s “Ballot Title and Summary” and “Ballot Label” track verbatim the substantive language of the initiative and therefore cannot be false or misleading. (Elec. Code, § 9092.) This is sufficient to decide the case. I do not reach the question whether the term “affirmative action” would be overinclusive or whether the term could be fairly used to describe the initiative had the Attorney General chosen to do so.

The petition of real parties in interest for review by the Supreme Court was denied August 12, 1996.

Oliver S. Cox, Pamela S. Giarrizzo, Olson, Hagel, Fong, Leidigh, Waters & Fishburn, Lance H. Olson, N. Eugene Hill, Kaye, Scholer, Fierman, Hays & Handler and Jeffrey Gordon for Real Parties in Interest.

OPINION

PUGLIA, P.J.

Petitioner, the Attorney General of the State of California, seeks a peremptory writ of mandate directing respondent superior court to vacate its judgment entered August 2, 1996, insofar as it compels the Attorney General to revise the ballot title and ballot label for Proposition 209 consistent with the statements of respondent superior court made during the August 1, 1996, hearing to "reflect that the chief purpose of the measure is to prohibit affirmative action programs by public entities that are inconsistent with the prohibition in the measure." To preserve our jurisdiction, on August 7, 1996, we issued an order staying respondent court's judgment and any proceedings thereon, pending further order of this court.

We conclude there is no legal or factual basis for respondent court's interference with the exercise of petitioner's statutory duties. We shall therefore order a peremptory writ of mandate to issue and continue our stay order pending finality…