OUTCOME: Summary judgment granted to defendants and interveners, and affirmed
Represented Interveners Abel Maldonado, Californians to Defend the Open Primary, and California Independent Voter Project in successfully defending Proposition 14 and Senate Bill 6 from constitutional ...challenge.
Civil rights
Shelby County, Alabama v. Holder, Case No. 12-96, 570 U.S. __ (2013)
Jun 25, 2013
OUTCOME: The County's brief supported neither party, but the Court held that Section 4 of the Voting Rights Act is unconstitutional; its formula can no longer be used as a basis for subjecting jurisdictions to preclearance
Representing amicus curiae Merced County, CA, filed a brief pre-emptively defending the County’s recent bailout from anticipated attack on the basis that the Department of Justice permitted the bailout... as part of a conspiracy to save preclearance
Civil rights
Brown v. Bowen, Case No. 12-cv-05547-PA-SP (C.D. Cal.)
Oct 09, 2012
OUTCOME: Case dismissed with prejudice
Successfully defended against a federal Voting Rights Act challenge to Proposition 14, the Top-Two Candidate Open Primary Act.
Election campaigns and political law
Gutierrez v. Superior Court, Case No. B243738 (Cal. Ct. App. 2d Dist., Div. 2, 2012)
Sep 10, 2012
OUTCOME: Judgment granted in favor of plaintiff; petition for writ of mandate denied
Successfully challenged a ballot label adopted by the El Monte City Council in connection with beverage tax measure as illegally biased
Election campaigns and political law
Community Coalition Against Beverage Taxes v. City of Richmond, Case No. 3:12-cv-04545-CRB (N.D. Cal.)
Aug 03, 2012
OUTCOME: Following the award of a preliminary injunction, the City’s ordinance was amended to remove the offending provisions
Constitutional challenge to enforcement of Richmond's burdensome disclaimer requirements on campaign mailings.
Civil rights
Merced County, Cal. v. Holder, Case No. 1:12-cv-00354-TFH-DST-ABJ (D.D.C.) (three-judge § 5 court)
Aug 01, 2012
OUTCOME: Stipulated bailout judgment awarded in favor of Merced County
Represented long-time VRA client in successfully obtaining bailout from Section 5 of the federal Voting Rights Act
Election campaigns and political law
Field v. Bowen, 196 Cal. App. 4th 346 (1st Dist. 2011)
Sep 19, 2011
OUTCOME: Denial of preliminary injunction affirmed as a matter of law; judgment subsequently granted to defendants and interveners
Successfully defended a constitutional challenge seeking to block the implementation of Proposition 14—the Top Two Candidate Open Primary Act.
Constitutional
Larson v. City & County of San Francisco, 192 Cal. App. 4th 1263 (2011)
Feb 23, 2011
OUTCOME: Judgment granted in favor of plaintiffs
Successful constitutional challenge to enforcement of numerous provisions of Proposition M (malicious eviction) in San Francisco, and defense of cross-appeal of a judgment enjoining enforcement of one-...sided attorneys’ fee provision.
Civil rights
Lopez v. Merced County, 473 F. Supp. 2d 1072 (E.D. Cal. 2007)
Jan 18, 2008
OUTCOME: summary judgment granted for Merced County in 2008
Represented Merced County in suit under § 5 of the Voting Rights Act challenging cities' and special districts' annexations, detachments, etc., and then challenging County polling places from the 1970s.... Three opinions resulting:
Lopez v. Merced County, 473 F. Supp. 2d 1072 (E.D. Cal. 2007) (County successfully opposed temporary restraining order and preliminary injunction seeking to prevent certification of November 7, 2006 election results).
Lopez v. Merced County, 2007 U.S. Dist. LEXIS 44426 (E.D. Cal. June 8, 2007) (County successfully moved to dismiss specific allegations of First Amended Complaint as moot, and generic catch-all allegations as too vague to state a claim under FRCP 8).
Lopez v. Merced County, 2008 U.S. Dist. LEXIS 3941 (E.D. Cal. Jan. 16, 2008) (County successfully moved for summary judgment on the ground plaintiffs lacked standing to challenge polling places other than those in the precinct in which they are registered).
Election campaigns and political law
Citizens to Save California, et al. v. Cal. Fair Pol. Practices Comm'n, 145 Cal. App. 4th 736 (3d Dist. 2006)
Dec 08, 2006
OUTCOME: preliminary injunction affirmed; judgment subsequently entered in plaintiffs' favor
Court of Appeal opinion unanimously affirmed preliminary injunction against FPPC's enforcement of Regulation 18530.9, purporting to apply candidate contribution limits to "candidate controlled" ballot ...measure committees. Regulation subsequently repealed.