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Court Approves Agreed/Revised Opposition Ballot Arguments/Rebuttals To Two City Hall-Sought Charter Amendments (Redistricting Comm'n And City Auditor Changes); City Action Doesn't Affect, And Didn't Allege Actionable Flaws In, Argument/Rebuttal In Opposition To Mayor/Council-Sought Term Limits Extension (Measure BBB)


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(Sept. 5, 2018, 7:58 p.m.) -- A Los Angeles Superior Court judge today (Sept. 5) approved revised ballot arguments/rebuttals submitted in opposition to two November 2018 ballot measures (Charter Amendments proposing a Redistricting Commission and changes to the City Auditor's stated authority.)

Today's court action (issuing a Writ of Mandate) approved text agreed-to by opponents and supporters of those two ballot measures. It doesn't affect -- and the legal action didn't allege any actionable flaws with -- the argument and rebuttal submitted by opponents of the Mayor/Council sought Term Limits Extension (Measure BBB.)

On Monday Aug. 27, at the request of Mayor Garcia and the argument writers in support of the Redistricting and City Auditor ballot measures, City-retained outside counsel filed a Petition for Writ of Mandate in downtown L.A. Superior Court [the proper hearing location] citing Electons Code section 9295 in seeking to amend or delete portions of the opponents' two ballot arguments/rebuttals, alleging they were incorrect or misleading.

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The court-filed papers named as "real parties in interest" the LB residents who signed the two specified ballot argument(s)/rebuttals: Juan Ovalle and Robert Fox (re the City Auditor measure) and Juan Ovalle, Rae Gabelich, John Deats and Glennis Dolce (re the proposed Redistricting Comm'n measure.)

On Aug. 27, the "real parties in interest" received telephone notice of an ex parte court proceeding in L.A. the next day at 8:30 a.m. (Mr. Deats didn't list an email address and was unaware of the proceeding until after it was over.) Messrs. Ovalle and Fox attended the legal proceeding without an attorney to represent them, spoke for themselves, and the court set dates for responsive filings with a Sept. 5 decision date.

Over the next few days, both sides worked out agreed (stipulated) replacement verbiage for arguments/rebuttals to those two measures that will now appear in election pamphlets sent to registered voters.

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