Wesley Kazuo Mukoyama, Umar Kamal, Michael Kaku, Herminio Hernando v. City of Santa Clara, and Does 1 to 50, inclusive
Published: Mar. 2, 2018 | Result Date: Dec. 1, 2017 | Filing Date: Mar. 30, 2017 |Case number: 17-CV-308056 Demurrer – Defense
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Robert Rubin
(Law Office of Robert Rubin)
Richard G. Konda
(Asian Law Alliance)
Nicholas Ikaika-Dang Kuwada
(Asian Law Alliance)
Morris J. Baller
(Goldstein, Borgen, Dardarian & Ho)
Laura Luo-Yao Ho
(Goldstein, Borgen, Dardarian & Ho)
Defendant
Brian L. Doyle
(Office of the Santa Clara City Attorney)
Steven G. Churchwell
(Buchalter APC)
Nubia I. Goldstein
(Churchwell White LLP)
Facts
Wesley Mukoyama sued the City of Santa Clara in relation to the city council’s election system.
Contentions
PLAINTIFF'S CONTENTIONS: Mukoyama challenged the at-large election system the city council used to elect its members.
DEFENDANTS' CONTENTIONS: The city demurred to Mukoyama's complaint arguing that it failed to state facts sufficient to constitute a cause of action because Mukoyama failed to comply with the then recently enacted pre-litigation notice requirements pursuant to the California Voting Rights Act.
Result
The city’s demurrer was sustained without leave to amend. The court found that Mukoyama was not compliant with the relevant notice requirements.
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