Trial court judgment denying plaintiff’s petition for writs of mandate and prohibition is affirmed where: 1) the removal clause of the committee bylaws is not invalid despite conflicting with the Elections Code; 2) plaintiff’s claims that the removal clause is unconstitutionally vague and that her removal violated her First Amendment and due process rights are rejected as plaintiff did not show that the state action requirement was satisfied; and 3) the expansion of Committee membership in the bylaws to include three classifications not specified in the Elections Code was not unlawful.
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Appellate InformationAPPEAL from the Superior Court County of San Luis Obispo, Charles S. Crandall, Judge. SECOND APPELLATE DISTRICT, DIVISION SIXFiled June 3, 2009Published and Modified June 29, 2009
JudgesBefore YEGAN, Acting P.J., COFFEE, J., PERREN, J.Opinion by YEGAN, Acting P.J.
CounselFor Appellant: Dennis D. Law, Andre, Morris & Buttery, PC. For Respondent: Saro G. Rizzo and Stewart D. Jenkins.
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