California Ex Rel. Lockyer v. County of Santa Cruz

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS COMPLAINT; GRANTING PLAINTIFF’S MOTION TO REMAND FIRST CAUSE OF ACTION

[Re Docket Nos. 17, 19, 23, 24, 38, 40]

Defendants County of Santa Cruz and Gail Pellerin move to dismiss both causes of action against them. Plaintiff Bill Lock-yer, in his capacity as Attorney General of California, moves to remand to state court only his first cause of action, for violation of California Elections Code § 11280. For the reasons set forth below, the court denies the defendants’ motion to dismiss in part and grants the plaintiffs motion to remand.

I. BACKGROUND

On October 21, 2005, California Attorney General Bill Lockyer, on behalf of all Californians, instituted proceedings against the County of Santa Cruz and its County Clerk, Gail Pellerin. Lockyer sought (1) a writ of mandate under California Code of Civil Procedure § 1085 requiring the defendants to comply with California Elections Code § 12280 and the California Secretary of State’s guidelines for accessibility by individuals with physical disabilities and (2) injunctive relief preventing defendants from violating portions of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §…