Magoon

This action was instituted in the superior court seeking a writ of mandate to compel the Board of Trustees of the City of Hermosa Beach to call a special election responsive to a petition for a recall of four of the city trustees. A trial was had and a peremptory writ was issued, directed to the trustees, commanding them to call a special election forthwith. From that judgment the defendants appealed and urge four grounds for its reversal.

The first position advanced by appellants is that the court did not find and there is no evidence to show that the recall petition was signed by qualified voters equal in number to at least twenty-five per cent of the entire vote cast within the city, for all candidates for the office which the incumbent sought to be removed occupies, as required by “An act to provide for the recall of elective officers of incorporated cities and towns,” Stats. 1911 (Extra Sess.), p. 128. The judgment recites, and appellants concede, that it was stipulated at the trial that of the four trustees sought to be recalled, two (Louis Heath and Morris Woodland) were elected at the general municipal election held in 1924, “and that the total vote cast for the office of…