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C.D. Cal.

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Padilla v. Lever (Alicemarie H. Stotler, 8:02-cv-1145), Imperial v. Castruita (R. Gary Klausner, 2:05-cv- 8940), and Chinchay v. Verjil (Audrey B. Collins, 2:06-cv-1637) (C.D. Cal.) and Madrigal v. County of Monterey (5:06-cv-1407), Melendez v. Board of Supervisors (5:06-cv-1730), Rangel v. County of Monterey (6:06-cv-2202), and Rancho San Juan Opposition Coalition v. Board of Supervisors (6:06-cv- 2369) (James Ware) and Heredia v. Santa Clara County (Ronald M. Whyte, 6:06-cv-4718) (N.D. Cal.)
After nearly four years of litigation, the U.S. Court of Appeals for the Ninth Circuit determined that recall petitions do not have to be offered in multiple languages. The litigation began with a December 12, 2002, complaint challenging a petition to recall a member of Santa Ana, California’s school board in a February 4 election. Ultimately, the litigation included complaints filed in 2005 and 2006 as well.
Subject: Recall elections. Topics: Ballot language; ballot measure; recusal.

One of many Case Studies in Emergency Election Litigation.

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Residents for The Beverly Hills Garden & Open Space Initiative v. City of Beverly Hills (Fernando M. Olguin, C.D. Cal. 2:16-cv-5532)
On July 25, six days after a condominium development initiative was approved for a city ballot in the November 8 general election, proponents of the initiative sought a temporary restraining order against a requirement that a substantial portion of their initiative advertising be devoted to a summary of the initiative prepared by city officials. On the following day, the district judge ordered the city to respond six days after that. On the day that the response was due, the parties stipulated to an injunction reducing the amount of specified text required in advertising for the initiative. In the event, the initiative failed.
Topics: Ballot measure; campaign materials.

One of many Case Studies in Emergency Election Litigation.

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The Patent Pilot Program (PPP), a ten-year pilot program addressing the assignment of patent cases in certain U.S. district courts, was established on January 4, 2011, by Pub. L. No. 111-349. At the request of the Judicial Conference’s Committee on Court Administration and Case Management, the Federal Judicial Center has been studying the PPP since the program's inception. This midpoint report presents key findings from the first five years of the program, gathering data for all patent cases filed on or after the individual PPP start date designated by each of the 13 current pilot courts through January 5, 2016. In that time, just over 12,000 patent cases were filed in the participating pilot districts.

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Barr v. Saddleback Valley Community Church (David O. Carter, C.D. Cal. 8:08-cv-927)
On a Friday afternoon, the Libertarian Party’s candidate for President filed a federal complaint challenging his exclusion from a candidate’s forum to be held on the next day. The district judge denied immediate relief, noting that laches is especially problematic in ex parte proceedings.
Topic: Laches.

One of many Case Studies in Emergency Election Litigation.

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Andrade v. Pulido (Cormac J. Carney, C.D. Cal. 8:03-cv-1157)
A federal complaint, which was filed two days before a nonbinding mail-in election was to end, challenged as discriminatory the election on retaining traffic barriers, because one vote was assigned to each house or apartment building. The district judge issued a temporary restraining order on the following day and ultimately ruled against a related election held three years previously using the same vote allocation.
Topics: Enjoining elections; ballot measure; equal protection; attorney fees.

One of many Case Studies in Emergency Election Litigation.

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California Justice Committee v. Bowen (Percy Anderson, C.D. Cal. 2:12-cv-3956)
A month before a primary election, and six months before the general election, minor parties filed a federal complaint challenging the state’s ballot-access law for new political parties. The district judge issued a preliminary injunction without argument two weeks later. The state had not justified requiring ballot petition signatures for the general election to be submitted 135 days before the primary election. Following a later bench trial, the judge issued a permanent injunction.
Topic: Getting on the ballot.

One of many Case Studies in Emergency Election Litigation.

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Southwest Voter Registration Education Project v. Shelley (Stephen V. Wilson, C.D. Cal. 2:03-cv-5715)
Two months before a gubernatorial recall election, a federal complaint challenged the use in some jurisdictions of punch-card ballots. The district judge denied immediate relief because the election would be held before a previous consent decree’s decertification of punch-card ballots would go into effect. A three-judge panel of the court of appeals reversed the district court, but an 11-judge en banc panel subsequently affirmed the district court. The governor was recalled.
Topics: Voting technology; intervention; laches.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

The Judicial Conference Committee on Court Administration and Case Management (CACM) asked the Federal Judicial Center to develop and administer a short survey of district court judges to assess the frequency with which jurors use social media to communicate about cases during trial and deliberation. The survey also sought to identify strategies judges have found to be effective and appropriate in curbing this behavior. This report presents the findings from the survey. A subsequent survey in 2014 also considered attorneys' use of social media.

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This California Superior Court document is made available on the Federal Judicial Center website at the request of the authors of Managing Class Action Litigation: A Pocket Guide for Judges, Third Edition, where it is cited on pages 12 and 40 (bibliography). 

 

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