Call
Call v. Peterson
Opinion
lead Opinion
Gibson, J.
Petitioners, judges of the Municipal Court of the City of Los Angeles whose terms of office expire June 30, 1951, seek a writ of mandate to compel respondent city clerk to take the necessary steps for the election of judges to that court at the city election to be held in 1951 pursuant to the Municipal Court Act of 1925. (2 Deering’s Gen. Laws, Act 5238.) That act provides that the election laws of the city in which a municipal court is established shall be applicable to the judges of that court.
Under the Los Angeles city charter the primary election will be held on the first Tuesday in April, and the general municipal election on the last Tuesday in May, 1951. The charter requires nominating petitions to be filed at least 45 days before the primary election, and a city ordinance provides that, as a condition to the issuance of nominating petitions, a candidate shall file with the city clerk, on a form prepared and furnished by the clerk, a signed declaration of intention to become a candidate. Respondent has refused to prepare and furnish these forms, claiming that by virtue of the amendment of section 11 of article VI of the Constitution in November, 1950, and the enactment of…