You You Xue v. Mark Church
Published: Mar. 26, 2021 | Result Date: Feb. 22, 2021 | Filing Date: Nov. 18, 2020 |Case number: 20CIV05082 Demurrer – Defense
Judge
Court
San Mateo County Superior Court
Attorneys
Petitioner
Respondent
Brian E. Kulich
(Office of the San Mateo County Counsel)
Facts
On November 16, 2020, petitioner You You Xue filed a petition for peremptory writ of mandate against respondent Mark Church, San Mateo County Chief Elections Officer, requesting voter data information pursuant to Elections Code Section 2188 and 2194. The next day, respondent responded to petitioner advising him that he could receive the requested data upon submission of the required affidavit and payment of $125. Subsequently, petitioner filed another petition in relation to the $125 payment.
Contentions
PETITIONER'S CONTENTIONS: Petitioner contended that the $125 payment for requesting voter data information was a violation of the Public Records Act and the California Constitution.
RESPONDENT'S CONTENTIONS: Respondent denied petitioner's contentions. Respondent contended that the $125 payment for the requested voter data was legal.
Result
The court sustained defendant's demurrer without leave to amend.
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