Judge's Tentative Ruling Posted
This afternoon Judge Franz Miller posted his tentative ruling on the case of Folcik vs. OC Registrar of Voters. You can read his tentative ruling HERE. Scroll all the way to the bottom of this page to item #17.
DON'T STAND NEXT TO RIGHEIMER
The way I interpret this ruling is that, for the reasons described below, Jim Righeimer's Charter will NOT be on the June ballot.
According to the reasoning presented, there are several issues at play:
- The petitioner, City Clerk Julie Folcik, lacks standing and does not allege personal individual harm.
- The court is inclined to treat Folcik as The City of Costa Mesa.
- As Registrar of Voters Neal Kelley has the ministerial act/duty in this issue.
- The petitioner (Folcik) has not demonstrated that Kelley had a mandatory duty (to file the untimely charter resolution) he did not perform, or that Kelley had ANY discretion to abuse when rejecting the tardy filing, as the statute is mandatory.
- Costa Mesa has not shown any irreparable harm if the election is delayed until November.
So, now all parties will assemble in Judge Miller's courtroom at 1:30 Tuesday to argue the case. That should be a VERY interesting show. And, since it begins after lunch, it will be interesting to see if they finish in time for the parties to make it to the early Special Council meeting tomorrow at 5:00 p.m. Especially since the first item - and the only item in open session - is for the council to consider and approve the agreement with Jones Day to be the litigators on this case.