De La Fuente v. State

Proceedings (In Chambers): ORDER RE: DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT [49]

Before the Court is the Motion for Judgment on the Pleadings or, Alternatively, Summary Judgment, filed by Defendants the State of California and Secretary of State Alex Padilla on May 4, 2017. (Docket No. 49). On June 30, 2017, Plaintiff Roque “Rocky” De La Fuente filed an Opposition, and on July 17, 2017, Defendants filed a Reply. (Docket Nos. 63, 69). , ■

On August 14,2017, the Court converted Defendants’ Motion into a motion for summary judgment and directed Defendants to file a supplemental brief containing citations to the evidentiary record. (Docket No. 73). On August 28, 2017, Defendants filed a Supplemental Brief in further, support of their Motion. (Docket No. 76). On September 8, 2017, the Court granted Plaintiffs request to file a Supplemental Brief, and on September 25, 2017, Plaintiff filed a Supplemental Brief in further opposition to the Motion. (Docket Nos. 78, 80). The Court held a hearing on October 2, 2017.

In this action, Plaintiff challenges the constitutionality of sections 8400 and 8403 of the California Elections Code, which…