Martinez

Filed 12/16/14 Martinez v. City of Watsonville CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

EMILIO MARTINEZ et al., No. H038230 (Santa Cruz County Plaintiffs and Appellants, Super. Ct. No. CV169473)

v.

CITY OF WATSONVILLE et al.,

Defendants and Respondents.

The City of Watsonville’s City Charter (the City Charter) relies on the definition 1 of vacancy in Government Code section 1770. In 2010, section 1770 provided that “[a]n office becomes vacant on the happening of any of the following events before the expiration of the term: [¶] . . . [¶] . . . [the officeholder’s] resignation.” In 2010, respondent City of Watsonville (the City) took the position that a resigning member of the Watsonville City Council whose resignation had…