Ratto

Ratto v. Board of Trustees

Good Law
1926 Cal. App. LEXIS 397·76 Cal. App. 276·245 P. 1112
Court of Appeal of CaliforniaJanuary 21, 1926Docket No. 5441.California351 words

Opinion

lead Opinion

Knight, J.

Mandamus. A petition purporting to have been signed by the required number of qualified voters of the City of South San Francisco was filed and presented to respondents, as the members of the Board of Trustees of said City, demanding that a special election be called to determine whether the members of said Board should be recalled. Said Board of Trustees refused to act upon said petition and thereupon application was made to this court for a writ of mandate to compel said Board to call said special election as demanded in said recall petition. An alternative writ was issued, in response to which respondents filed a demurrer and an answer. The demurrer was overruled and the legal questions involved in the proceeding were disposed of at that time (Ratto v. Board of Trustees of the City of South San Francisco, 75 Cal. App. 724 [ 243 Pac. 466 ]), but the affirmative allegations of the answer raised issues of fact upon which findings were necessary to be had before the proceeding could be finally determined. Those issues of fact were referred to the superior court of the state of California in and for the county of San Mateo for trial and determination. Written findings thereon have…

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