Imperial

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION (DE 12)

I. INTRODUCTION

Jay Imperial and Lan Lee (“Plaintiffs”) have sued the Rosemead City Council and Nina Castruita, in her official capacity as Clerk of the City of Rosemead (“Defendants”) for conducting a recall election in violation federal and state voting laws. The Complaint alleges three claims for relief: (1) Violation of Voting Rights Act, 42 U.S.C. § 1971 (“VRA”); (2) Violation of California Elections Code Section 11242 (“Section 11242”); and (3) Violation of California Elections Code Section 11240 (“Section 11240”).

On December 27, 2005, Plaintiffs filed an Ex Parte Application for Temporary Restraining Order (“TRO”) and Order to Show Cause Re Preliminary Injunction, seeking an order enjoining Defendants from proceeding with the recall election scheduled for February 7, 2006. The Court granted Plaintiffs’ request for TRO on January 4, 2006, and set the current OSC re Preliminary Injunction. For the following reasons, the Court grants Plaintiffs’ request for Preliminary Injunction.

II. BACKGROUND

Plaintiff Jay Imperial (“Imperial”) is the Mayor of Rosemead (the “City”). Both Imperial and City…