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Modification: People ex rel. Schlesinger v. Sachs

Ruling by

Maurice Sanchez

Lower Court

Orange County Superior Court

Lower Court Judge

Walter P. Schwarm

Despite the Election Code's usual four-year term, councilmembers could not unilaterally extend two-year terms of office because the election notice specified that they were elected for a two-year term.





Court

California Courts of Appeal 4DCA/3

Cite as

2023 DJDAR 11777

Published

Dec. 15, 2023

Filing Date

Dec. 13, 2023

Opinion Type

Modification

Disposition Type

Affirmed

Case Fully Briefed

Jun. 16, 2023

Oral Argument

Sep. 18, 2023


THE PEOPLE ex rel. MICHAEL SCHLESINGER,

Plaintiff and Respondent,

v.

ED SACHS et al.,

Defendants and Appellants.

 

No. G061838

(Super. Ct. No. 302022-01262431)

California Court of Appeal

Fourth Appellate District

Division Three

Filed December 13, 2023

 

ORDER MODIFYING OPINION;

NO CHANGE IN JUDGMENT

 

It is ordered that the opinion filed herein on December 4, 2023, be modified as follows:

On page 2, in the counsel listing for Plaintiff and Respondent, replace "Moskowitz Appellate Team and Myron Moskowitz" with "Moskovitz Appellate Team and Myron Moskovitz."

On page 12, first and second line from the top, delete "Sachs, Raths, and Bucknum from the ballot for the November 2022 election" and in its place insert "the designations of Sachs, Bucknum, and Raths as incumbents."

There is no change in the judgment.

 

SANCHEZ, J.

 

WE CONCUR:

MOORE, ACTING P. J.

MOTOIKE, J.

 

#281998

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