In plaintiff’s action contesting the eligibility of defendants for election to positions on the Alameda County Republican Central Committee under Election Code sections 16100(b) and 16440(a), trial court’s dismissal of plaintiff’s action is reversed where an election of party central committee members is not a primary election, and thus is governed by a 30-day time limit to file a contest to elections other than primary elections.  Therefore, plaintiff timely filed the election contest.       

Read Cummings v. Stanley, No. A123743

Appellate Information

Filed September 4, 2009

Judges

Opinion by Judge Graham

Counsel

For Appellant: Law Office of George G. Benetatos 

For Respondent:  Baker & McKenzie LLP and Tod L. Gamlen and Gerald M. Salcido

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