Salazar
Salazar v. City of Montebello
Opinion
Lead Opinion
Woods, J.
This is an appeal from the dismissal entered after the trial court sustained the demurrer of the City of Montebello and the city clerk (respondents) to Kathy Salazar’s (appellant) petition for writ of mandate and declaration of election contest.
*955 Appellant contends that she was entitled to relief under several sections of the Elections Code. We affirm the trial court action on the ground that appellant has failed to prove that the alleged misconduct affected the result of the election.
Around December 26, 1985, appellant tied a petition for writ of mandate and declaration of election contest regarding the Montebello City Council election of November 25, 1985. The crux of her complaint was that, acting upon the advice of the city attorney, the city clerk permitted a candidate named Albert Phillips to be placed on the ballot despite knowledge that Phillips no longer lived at the addresses specified on his nomination papers and voter registration.
Specifically, appellant indicated that Phillips gave his address on the nominating papers as 1109 West Beverly Boulevard in Montebello, although he had not lived there since July 15, 1983. The deputy city clerk penciled in…