Keyes V Bowen Appeal
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ORIGINAL
APP-002
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address)
FOR COURT USE ONLY
GARY G. KREEP, ESQ. (SEN 066482) -LAW OFFICE OF GARY G. KREEP 932 D STREET, SUITE 2 RAMONA, CA 92065 TELEPHONE NO ( 7 6 0 ) 7 8 8 - 6 6 2 4
FAX NO (Optmnal)
(760)
788-6414
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name) KEYES,
DRAKE,
AND
ROBINSON
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREET ADDRESS 720 Ninth Street, Room 102 MAILING ADDRESS same as above CITY AND ZIP CODE Sacramento, CA 95814-1380 BRANCH NAME GORDON D. SCHABER COURTHOUSE PLAINTIFF/PETITIONER. KEYES, DRAKE, AND ROBINSON DEFENDANT/RESPONDENT. BOWEN, OBAMA, BIDEN, ET AL. CASE NUMBER
NOTICE OF APPEAL I I CROSS-APPEAL (UNLIMITED CIVIL CASE)
34-2008-80000096-CU-WM
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form APP-001) before completing this form. This form must be filed in the superior court, not in the Court of Appeal.
NOTICE IS HEREBY GIVEN that (name)
Petitioners
appeals from the following judgment or order in this case, which was entered on (date) 0 5 / 0 6 / 2 0 0 9 I
| Judgment after jury trial
I
| Judgment after court trial
[
I Default judgment
[
I Judgment after an order granting a summary judgment motion
I
| Judgment of dismissal under Code of Civil Procedure sections 581d, 583 250, 583 360, or 583 430
I X I Judgment of dismissal after an order sustaining a demurrer |
| An order after judgment under Code of Civil Procedure section 904 1(a)(2)
|
| An order of judgment under Code of Civil Procedure section 904 1(a)(3)-(13)
|
| Other (describe and specify code section that authonzes this appeal)
For cross-appeals only a Date notice of appeal was filed in original appeal b Date superior court clerk mailed notice of original appeal c Court of Appeal case number (if known)
Date 0 6 / 1 8 / 2 0 0 9
GARY G. KREEP (TYPE OR PRINT NAME)
Pagile 1 of 2 Form Approved for Optional Use Judicial Council of California APP-002 (Rev January 1,2007)
NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) (Appellate) Solu
Cal Rules of Court, rule 8 100
APP-002 CASE NAME
KEYES, ET A L . , v.
CASE NUMBER
BOWEN, ET AL.
34-2008-80000096-CU-WM
NOTICE TO PARTIES A copy of this document must be mailed or personally delivered to the other party or parties to this appeal A PARTY TO THE APPEAL MAY NOT PERFORM THE MAILING OR DELIVERY HIMSELF OR HERSELF A person who is at least 18 years old and is not a party to this appeal must complete the information below and mail (by first-class mail, postage prepaid) or personally deliver the front and back of this document When the front and back of this document have been completed and a copy mailed or personally delivered, the original may then be filed with the court. PROOF OF SERVICE I X I Mail
I
I Personal Service
1 At the time of service I was at least 18 years of age and not a party to this legal action. 2 My residence or business address is (specify): 932 D STREET, SUITE 2 RAMONA, CA 92065 3 I mailed or personally delivered a copy of the Notice of Appeal/Cross-Appeal (Unlimited Civil Case) as follows (complete either a or b) a. I X I Mail. I am a resident of or employed in the county where the mailing occurred (1) I enclosed a copy in an envelope and (a) I X I deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid (b) I
I placed the envelope for collection and mailing on the date and at the place shown in items below, following our ordinary business practices I am readily familiar with this business's practice for collecting and processing correspondence for mailing On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid
(2) The envelope was addressed and mailed as follows. (a) Name of person served SEE ATTACHED LIST (b) Address on envelope
(c) Date of mailing
SEE ATTACHED LIST
06/18/2009
(d) Place of mailing (city and state) RAMONA, b I
CA
I Personal delivery. I personally delivered a copy as follows (1) Name of person served (2) Address where delivered
(3) Date delivered. (4) Time delivered I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date 0 6 / 1 8 / 2 0 0 9
ELLIOT WILSON (TYPE OR PRINT NAME)
APP-002 [Rev January 1, 2007]
(SltitfATURE OF DECLARANT)
NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) (Appellate)
Page 2 of 2
Keyes, et al. v. Bowen, et al. Sacramento County Superior Court Case No. 34-2008-80000096-CU-WM-GDS LIST OF PARTIES SERVED
Fredric D. Woocher, Esq. Strumwasser & Woocher, LLP 10940 Wilshire Blvd., Suite 2000 Los Angeles, CA 90024 Fax:(310)319-0156 [Atty for Barack Obama] Edmund G. Brown, Jr. Attorney General of State ofCA Christopher E. Krueger, Sr., AAG Jonathan K. Renner, Supervising DAG Peter A. Krause, DAG 13 001 Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Fax:(916) 324-8835 [Atty for Secretary of State Debra Bowen & Electors]
r
\ 2
EDMUND G. BROWN JR. Attorney General of California
DOUGLAS WOODS
Acting Senior Assistant Attorney General
3
JONATHAN K. RENNER
4
PETERA.KRAUSE
Supervising Deputy Attorney General
Deputy Attorney General
5 6 7 8 9
State Bar No. 185098 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916)324-5328 Fax: (916) 324-8835 E-mail: [email protected] Attorneys for Defendant Secretary of State Debra Bowen
MAY -6^2009
By.
L. Whitlield Deputy Cleft
IP 11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
If
COUNTY OF SACRAMENTO
13 14 15
Ambassador Dr. Alan Keyes; Dr. Wiley S. Drake, Sr.; and Markham Robinson,
16 17
18 19 20
v.
Case No. 34-200880000096CUWM-GDS
Petitioners, NOTICE OF ENTRY OF JUDGMENT DISMISSING FIRST AMENDED PETITION FOR WRIT OF MANDATE
'California Secretary of State Debra Bowen; et al.,
Trial Date: None Action Filed: November 13,2008
Respondents.
21 22 23 24 25 26 27 28 Notice of Entry of Judgment Dismissing First Amended Petition for Wnt of Mandate (34-200880000096-CUWM-GDS)
1
v
NOTICE OF ENTRY OF JUDGMENT
2
TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
3
NOTICE IS HEREBY GIVEN that on May 4,2009, the Court entered Judgment in
4
the above-entitled action. A true and correct copy of the Judgment is attached hereto as Exhibit
5
"A" and is incorporated herein by reference.
6 7
Dated: May 6,2009
8
Respectfully Submitted,
EDMUND G. BROWN JR.
Attorney General of California
9
DOUGLAS WOODS
Acting Senior Assistant Attorney General
10
JONATHAN K. RENNER
Supervising Deputy Attorney General
11 12
PETER A. KRAUSE Deputy Attorney General Attorneys for Defendant Secretary of State Debra Bowen
13 14 15 16
SA2008306423 10468772.doc
17 18 19 20 21 22 23 24 25 26 27 28 Notice of Entry of Judgment Dismissing First Amended Petition for Wnt of Mandate (34-200880000096-CUWM-GDS)
EXHIBIT A
ECE1VEDX
I 2
FILED
3
a
'4
5 /
6 7 8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10 N
ll 12 13 14 15 16
,17 18 19 20 21 22 23 24 25 26 2; 28
AMBASSADOR DR. ALAN KEYES; DR. WILEY S. DRAKE, SR.; AND MARKHAM ROBINSON, v.
Petitioners,
CALIFORNIA SECRETARY OF STATE DEBRA BOWEN; SENATOR BARACK HUSSEIN OBAMA; SENATOR JOE BIDEN; CALIFORNIA DEMOCRATIC PARTY ELECTORS: ALE1TA HUGUENIN, LOU PAULSON, IAN BLUE, MARK CIBULA, RICHARD HUNDRIESER, LAWRENCE DUB01S, MARK FRIEDMAN, MARY HUBERT, FRED JACKSON, LEROY KING, ROBERTA BROOKS, AUDREY GORDON, MICHAEL MCNERNEY, NANCY PARRISH', JAMES FARLEY, JOHN FREIDENRICH, JEREMY NISHIHARA, JAIME ALVARDO, VINZ ROLLER, GREGORY OLZACK, DAVID SANCHEZ, LARRY SHEINGOLD, STEPHEN SMITH, MARK MACARRO, NATHAN BROSTROM, ROBERT "BOB" HANDY, ROBERT CONAWAY, GREG WARNER, LANE SHE1HMAN, ILENE HUBER, KENNETH SULZER, SANFORD WEINER, ANA DELGADO MASCAREJNAS, JOE PEREZ, OWEN MOORE, ANTHONY F£NDON, KAREN WATERS, KELLEY WILLIS, SILISSA URIARTESMITH, NORMA TOMES, ALMA MARQUEZ, RAY CORDOVA, PATRICK KAHLER, AARUN1, THAKUR, JOE BACA, JR., JUADINA STALLINGS, BETTY MCMILLION, WILLIAM AYER, GREGORY WILLENBORG, JAMES YEDOR, BOBBY GLASER, MARY KEADLE, FRANK SALAZAR, CHRISTINE YOUNG, SID VOORAKKARA, AND DOES MOO, Respondents. JUDGMENT DISMISSING FIRST AMENDED WRIT PETITION
Case No. 34-2008-80000096-CUWM-GDS Assigned to the Honorable Michael P. Kenny, Department 31 JUDGMENT DISMISSING FIRST AMENDED PETITION FOR WRIT OF MANDATE
Date: March 13,2009 Time: 9:00 a.m. Dept: 31
(34-2008-80000096-CU-WM-GDS)
1
JUDGMENT On March 13, 2009, at 9:00 a.m., the demurrers of respondents Secretary of
2
3 State Debra Bowen, President Barack Obama, Vice-President Joe Biden, and the 4 California Electors to the First Amended Petition for Writ of Mandate came on regularly 5 for hearing in department 31 of this Court, the Honorable Michael P. Kenny, judge 6 presiding. Peter A. Kraiuse appeared on behalf of respondent Secretary of State Debra 7 Bowen, Gary G. Kreep appeared on behalf of petitioners Ambassador Dr. Alan Keyes, 8 Dr. Wiley S. Drake, Sr, and Markham Robinson, and Michael J. Strumwasser and 9 Aimee Dudovitz appeared on behalf of respondents President Barack Obama, Vice 10 President Joe Biden, and the California Electors. The Court sustained Respondents' 11 demurrers without leave; to amend, and therefore: 12
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
13
1. That the First Amended Petition for Writ of Mandate is dismissed; 2. That respondent Secretary of State Debra Bowen shall recover costs in the
14
15 amount of $
pursuant to Government Code section 6103.5;
3. That respondent President Barack Obama shall recover costs in the amount
16
17 of$
4. That respondent Vice-President Joe Biden shall recover costs in the amount 19 of$
;and 5. That respondent Joe Perez shall recover costs in the amount of
20 21 $ 22
23 DATED: May V . 2009 24 25
CHAELP.KENNY Ige of the Superior Court
26 27 28 JUDGMENT DISMISSING FIRST AMENDED WRIT PETITION
. 2
.
(34-2008-80000096-CU-WM-GDS )
1 Submitted by: 2 EDMUND G. BROWN JR.
Attorney General of the State of California
3 DOUGLAS WOODS
Acting Senior Assistant Attorney General
4 JONATHAN K. RENNEiR
Supervising Deputy Attorney General
• 5 PETER A. KRAUSE, Call. Bar No. 185098
Deputy Attorney General ' . 13001 Street, Suite 125 . P.O. Box 944255 » 7 Sacramento, CA 94244-2550v Telephone: (916) 324-5328 8 Fax: (916) 324-8835 E-mail: [email protected] 9 Attorneys for Respondent Secretary of State Debra Bowen 6
10
JOtttOIOwpd
11 12 13
14 15 16
17 18 19
20 21 22 23 i 24 25 26 27 28 JUDGMENT DISMISSING FIRST AMENDED WRIT PETITION
3
(34-2008-80000096-CU-WM-GDS)
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Ambassador Dr. Alan Keyes, et al. v. California Secretary of State, et al. Sacramento County Superior Court No.: 34-200880000096-CUWM-GDS I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter, I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On Mav 1.2009.1 served the attached [PROPOSED] JUDGMENT DISMISSING FIRST AMENDED PETITION FOR WRIT OF MANDATE by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 13001 Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: OrtyTaitz
'
26302 La Paz Mission Viejo,CA 92691 Gary G. Kreep Law Offices of Gary G. Kreep 932 "D" Street, Suite 2 Ramona, CA 92065 Michael J. Stnimwasser Strumwasser & Woocher LLP 10940 Wilshire Boulevard, Suite 2000 Los Angeles, CA 90024
. .
I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on May 1,2009, at Sacramento, California. Scott De Medeiros Declarant SAMUMM8 JOWSMI800C
Signature
DECLARATION OF SERVICE BY U.S. MAIL Case Name: Ambassador Dr. Alan Keyes, et al. v. California Secretary of State, et al. Sacramento County Superior Court No.: 34-200880000096-CUWM-GDS I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On May 6.2009.1 served the attached NOTICE OF ENTRY OF JUDGMENT DISMISSING FIRST AMENDED PETITION FOR WRIT OF MANDATE by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 13001 Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Orly Taitz 26302 La Paz Mission Viejo, CA 92691 Gary G. Kreep Law Offices of Gary G. Kreep 932 "D" Street, Suite 2 Ramona, CA 92065 Michael J. Strumwasser Strumwasser & Woocher LLP 10940 Wilshire Boulevard, Suite 2000 Los Angeles, CA 90024 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on May 6,2009, at Sacramento, California. Brenda Sanders Declarant SA200830M23
30699418 doc
Signature
APP-002
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address)
FOR COURT USE ONLY
GARY G. KREEP, ESQ. (SEN 066482) -LAW OFFICE OF GARY G. KREEP 932 D STREET, SUITE 2 RAMONA, CA 92065 TELEPHONE NO ( 7 6 0 ) 7 8 8 - 6 6 2 4
FAX NO (Optmnal)
(760)
788-6414
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name) KEYES,
DRAKE,
AND
ROBINSON
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO STREET ADDRESS 720 Ninth Street, Room 102 MAILING ADDRESS same as above CITY AND ZIP CODE Sacramento, CA 95814-1380 BRANCH NAME GORDON D. SCHABER COURTHOUSE PLAINTIFF/PETITIONER. KEYES, DRAKE, AND ROBINSON DEFENDANT/RESPONDENT. BOWEN, OBAMA, BIDEN, ET AL. CASE NUMBER
NOTICE OF APPEAL I I CROSS-APPEAL (UNLIMITED CIVIL CASE)
34-2008-80000096-CU-WM
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form APP-001) before completing this form. This form must be filed in the superior court, not in the Court of Appeal.
NOTICE IS HEREBY GIVEN that (name)
Petitioners
appeals from the following judgment or order in this case, which was entered on (date) 0 5 / 0 6 / 2 0 0 9 I
| Judgment after jury trial
I
| Judgment after court trial
[
I Default judgment
[
I Judgment after an order granting a summary judgment motion
I
| Judgment of dismissal under Code of Civil Procedure sections 581d, 583 250, 583 360, or 583 430
I X I Judgment of dismissal after an order sustaining a demurrer |
| An order after judgment under Code of Civil Procedure section 904 1(a)(2)
|
| An order of judgment under Code of Civil Procedure section 904 1(a)(3)-(13)
|
| Other (describe and specify code section that authonzes this appeal)
For cross-appeals only a Date notice of appeal was filed in original appeal b Date superior court clerk mailed notice of original appeal c Court of Appeal case number (if known)
Date 0 6 / 1 8 / 2 0 0 9
GARY G. KREEP (TYPE OR PRINT NAME)
Pagile 1 of 2 Form Approved for Optional Use Judicial Council of California APP-002 (Rev January 1,2007)
NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) (Appellate) Solu
Cal Rules of Court, rule 8 100
APP-002 CASE NAME
KEYES, ET A L . , v.
CASE NUMBER
BOWEN, ET AL.
34-2008-80000096-CU-WM
NOTICE TO PARTIES A copy of this document must be mailed or personally delivered to the other party or parties to this appeal A PARTY TO THE APPEAL MAY NOT PERFORM THE MAILING OR DELIVERY HIMSELF OR HERSELF A person who is at least 18 years old and is not a party to this appeal must complete the information below and mail (by first-class mail, postage prepaid) or personally deliver the front and back of this document When the front and back of this document have been completed and a copy mailed or personally delivered, the original may then be filed with the court. PROOF OF SERVICE I X I Mail
I
I Personal Service
1 At the time of service I was at least 18 years of age and not a party to this legal action. 2 My residence or business address is (specify): 932 D STREET, SUITE 2 RAMONA, CA 92065 3 I mailed or personally delivered a copy of the Notice of Appeal/Cross-Appeal (Unlimited Civil Case) as follows (complete either a or b) a. I X I Mail. I am a resident of or employed in the county where the mailing occurred (1) I enclosed a copy in an envelope and (a) I X I deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid (b) I
I placed the envelope for collection and mailing on the date and at the place shown in items below, following our ordinary business practices I am readily familiar with this business's practice for collecting and processing correspondence for mailing On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid
(2) The envelope was addressed and mailed as follows. (a) Name of person served SEE ATTACHED LIST (b) Address on envelope
(c) Date of mailing
SEE ATTACHED LIST
06/18/2009
(d) Place of mailing (city and state) RAMONA, b I
CA
I Personal delivery. I personally delivered a copy as follows (1) Name of person served (2) Address where delivered
(3) Date delivered. (4) Time delivered I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date 0 6 / 1 8 / 2 0 0 9
ELLIOT WILSON (TYPE OR PRINT NAME)
APP-002 [Rev January 1, 2007]
(SltitfATURE OF DECLARANT)
NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) (Appellate)
Page 2 of 2
Keyes, et al. v. Bowen, et al. Sacramento County Superior Court Case No. 34-2008-80000096-CU-WM-GDS LIST OF PARTIES SERVED
Fredric D. Woocher, Esq. Strumwasser & Woocher, LLP 10940 Wilshire Blvd., Suite 2000 Los Angeles, CA 90024 Fax:(310)319-0156 [Atty for Barack Obama] Edmund G. Brown, Jr. Attorney General of State ofCA Christopher E. Krueger, Sr., AAG Jonathan K. Renner, Supervising DAG Peter A. Krause, DAG 13 001 Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Fax:(916) 324-8835 [Atty for Secretary of State Debra Bowen & Electors]
r
\ 2
EDMUND G. BROWN JR. Attorney General of California
DOUGLAS WOODS
Acting Senior Assistant Attorney General
3
JONATHAN K. RENNER
4
PETERA.KRAUSE
Supervising Deputy Attorney General
Deputy Attorney General
5 6 7 8 9
State Bar No. 185098 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916)324-5328 Fax: (916) 324-8835 E-mail: [email protected] Attorneys for Defendant Secretary of State Debra Bowen
MAY -6^2009
By.
L. Whitlield Deputy Cleft
IP 11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
If
COUNTY OF SACRAMENTO
13 14 15
Ambassador Dr. Alan Keyes; Dr. Wiley S. Drake, Sr.; and Markham Robinson,
16 17
18 19 20
v.
Case No. 34-200880000096CUWM-GDS
Petitioners, NOTICE OF ENTRY OF JUDGMENT DISMISSING FIRST AMENDED PETITION FOR WRIT OF MANDATE
'California Secretary of State Debra Bowen; et al.,
Trial Date: None Action Filed: November 13,2008
Respondents.
21 22 23 24 25 26 27 28 Notice of Entry of Judgment Dismissing First Amended Petition for Wnt of Mandate (34-200880000096-CUWM-GDS)
1
v
NOTICE OF ENTRY OF JUDGMENT
2
TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
3
NOTICE IS HEREBY GIVEN that on May 4,2009, the Court entered Judgment in
4
the above-entitled action. A true and correct copy of the Judgment is attached hereto as Exhibit
5
"A" and is incorporated herein by reference.
6 7
Dated: May 6,2009
8
Respectfully Submitted,
EDMUND G. BROWN JR.
Attorney General of California
9
DOUGLAS WOODS
Acting Senior Assistant Attorney General
10
JONATHAN K. RENNER
Supervising Deputy Attorney General
11 12
PETER A. KRAUSE Deputy Attorney General Attorneys for Defendant Secretary of State Debra Bowen
13 14 15 16
SA2008306423 10468772.doc
17 18 19 20 21 22 23 24 25 26 27 28 Notice of Entry of Judgment Dismissing First Amended Petition for Wnt of Mandate (34-200880000096-CUWM-GDS)
EXHIBIT A
ECE1VEDX
I 2
FILED
3
a
'4
5 /
6 7 8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF SACRAMENTO
10 N
ll 12 13 14 15 16
,17 18 19 20 21 22 23 24 25 26 2; 28
AMBASSADOR DR. ALAN KEYES; DR. WILEY S. DRAKE, SR.; AND MARKHAM ROBINSON, v.
Petitioners,
CALIFORNIA SECRETARY OF STATE DEBRA BOWEN; SENATOR BARACK HUSSEIN OBAMA; SENATOR JOE BIDEN; CALIFORNIA DEMOCRATIC PARTY ELECTORS: ALE1TA HUGUENIN, LOU PAULSON, IAN BLUE, MARK CIBULA, RICHARD HUNDRIESER, LAWRENCE DUB01S, MARK FRIEDMAN, MARY HUBERT, FRED JACKSON, LEROY KING, ROBERTA BROOKS, AUDREY GORDON, MICHAEL MCNERNEY, NANCY PARRISH', JAMES FARLEY, JOHN FREIDENRICH, JEREMY NISHIHARA, JAIME ALVARDO, VINZ ROLLER, GREGORY OLZACK, DAVID SANCHEZ, LARRY SHEINGOLD, STEPHEN SMITH, MARK MACARRO, NATHAN BROSTROM, ROBERT "BOB" HANDY, ROBERT CONAWAY, GREG WARNER, LANE SHE1HMAN, ILENE HUBER, KENNETH SULZER, SANFORD WEINER, ANA DELGADO MASCAREJNAS, JOE PEREZ, OWEN MOORE, ANTHONY F£NDON, KAREN WATERS, KELLEY WILLIS, SILISSA URIARTESMITH, NORMA TOMES, ALMA MARQUEZ, RAY CORDOVA, PATRICK KAHLER, AARUN1, THAKUR, JOE BACA, JR., JUADINA STALLINGS, BETTY MCMILLION, WILLIAM AYER, GREGORY WILLENBORG, JAMES YEDOR, BOBBY GLASER, MARY KEADLE, FRANK SALAZAR, CHRISTINE YOUNG, SID VOORAKKARA, AND DOES MOO, Respondents. JUDGMENT DISMISSING FIRST AMENDED WRIT PETITION
Case No. 34-2008-80000096-CUWM-GDS Assigned to the Honorable Michael P. Kenny, Department 31 JUDGMENT DISMISSING FIRST AMENDED PETITION FOR WRIT OF MANDATE
Date: March 13,2009 Time: 9:00 a.m. Dept: 31
(34-2008-80000096-CU-WM-GDS)
1
JUDGMENT On March 13, 2009, at 9:00 a.m., the demurrers of respondents Secretary of
2
3 State Debra Bowen, President Barack Obama, Vice-President Joe Biden, and the 4 California Electors to the First Amended Petition for Writ of Mandate came on regularly 5 for hearing in department 31 of this Court, the Honorable Michael P. Kenny, judge 6 presiding. Peter A. Kraiuse appeared on behalf of respondent Secretary of State Debra 7 Bowen, Gary G. Kreep appeared on behalf of petitioners Ambassador Dr. Alan Keyes, 8 Dr. Wiley S. Drake, Sr, and Markham Robinson, and Michael J. Strumwasser and 9 Aimee Dudovitz appeared on behalf of respondents President Barack Obama, Vice 10 President Joe Biden, and the California Electors. The Court sustained Respondents' 11 demurrers without leave; to amend, and therefore: 12
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
13
1. That the First Amended Petition for Writ of Mandate is dismissed; 2. That respondent Secretary of State Debra Bowen shall recover costs in the
14
15 amount of $
pursuant to Government Code section 6103.5;
3. That respondent President Barack Obama shall recover costs in the amount
16
17 of$
4. That respondent Vice-President Joe Biden shall recover costs in the amount 19 of$
;and 5. That respondent Joe Perez shall recover costs in the amount of
20 21 $ 22
23 DATED: May V . 2009 24 25
CHAELP.KENNY Ige of the Superior Court
26 27 28 JUDGMENT DISMISSING FIRST AMENDED WRIT PETITION
. 2
.
(34-2008-80000096-CU-WM-GDS )
1 Submitted by: 2 EDMUND G. BROWN JR.
Attorney General of the State of California
3 DOUGLAS WOODS
Acting Senior Assistant Attorney General
4 JONATHAN K. RENNEiR
Supervising Deputy Attorney General
• 5 PETER A. KRAUSE, Call. Bar No. 185098
Deputy Attorney General ' . 13001 Street, Suite 125 . P.O. Box 944255 » 7 Sacramento, CA 94244-2550v Telephone: (916) 324-5328 8 Fax: (916) 324-8835 E-mail: [email protected] 9 Attorneys for Respondent Secretary of State Debra Bowen 6
10
JOtttOIOwpd
11 12 13
14 15 16
17 18 19
20 21 22 23 i 24 25 26 27 28 JUDGMENT DISMISSING FIRST AMENDED WRIT PETITION
3
(34-2008-80000096-CU-WM-GDS)
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Ambassador Dr. Alan Keyes, et al. v. California Secretary of State, et al. Sacramento County Superior Court No.: 34-200880000096-CUWM-GDS I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter, I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On Mav 1.2009.1 served the attached [PROPOSED] JUDGMENT DISMISSING FIRST AMENDED PETITION FOR WRIT OF MANDATE by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 13001 Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: OrtyTaitz
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26302 La Paz Mission Viejo,CA 92691 Gary G. Kreep Law Offices of Gary G. Kreep 932 "D" Street, Suite 2 Ramona, CA 92065 Michael J. Stnimwasser Strumwasser & Woocher LLP 10940 Wilshire Boulevard, Suite 2000 Los Angeles, CA 90024
. .
I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on May 1,2009, at Sacramento, California. Scott De Medeiros Declarant SAMUMM8 JOWSMI800C
Signature
DECLARATION OF SERVICE BY U.S. MAIL Case Name: Ambassador Dr. Alan Keyes, et al. v. California Secretary of State, et al. Sacramento County Superior Court No.: 34-200880000096-CUWM-GDS I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On May 6.2009.1 served the attached NOTICE OF ENTRY OF JUDGMENT DISMISSING FIRST AMENDED PETITION FOR WRIT OF MANDATE by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 13001 Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Orly Taitz 26302 La Paz Mission Viejo, CA 92691 Gary G. Kreep Law Offices of Gary G. Kreep 932 "D" Street, Suite 2 Ramona, CA 92065 Michael J. Strumwasser Strumwasser & Woocher LLP 10940 Wilshire Boulevard, Suite 2000 Los Angeles, CA 90024 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on May 6,2009, at Sacramento, California. Brenda Sanders Declarant SA200830M23
30699418 doc
Signature
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