Facts

Plaintiff, a write-in candidate for the City of San Francisco mayoral race, sued the Department of Elections for breach of contract.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant breached an oral obligation by not placing his name on the official ballot. He claimed that the contract arose when he took an oath to protect the city and that defendant accepted his offer when it administered the oath.

DEFENDANT'S CONTENTIONS:
Defendant contended in its demurrer, that plaintiff's lawsuit was moot, because the election had passed and that the complaint failed to state a claim for breach of contract. Even if there had been a valid contract, defendant did not breach it because write-in candidates do not appear on the ballot.

Result

The court sustained defendant's demurrer without leave to amend.

Other Information

FILING DATE: Oct. 30, 2015.