Knowlton

This is an appeal by petitioner from a judgment made and entered by the Superior Court of Orange County dismissing the petition for a writ of mandate seeking to compel respondent city clerk of the city of Fullerton to certify a certain referendum petition and supplement thereto as sufficient. A demurrer by respondent to the petition was sustained without leave to amend and a judgment of dismissal was entered pursuant to the order.

The appeal involves the question whether the petition for writ of mandate states facts sufficient to constitute a cause of action against respondent. Summarizing the petition, we find that appellant therein alleges: (1) Petitioner is a taxpayer and qualified elector of the city of Fullerton. (2) That respondent is the duly elected, qualified and acting city clerk of the city of Fullerton. (3) A referendum petition was filed in the office of the respondent city clerk on August 20, 1938 (exhibit “A”). The referendum petition contained signatures of 626 registered qualified electors of said city and the total number of qualified electors of said city was 6,122. (4) On August 29, 1938, respondent city clerk made and filed his certificate applicable to the…