VERIFIED PETITION FOR WRIT OF MANDATE DIRECTING COMPLIANCE WITH THE CALIFORNIA VOTING RIGHTS
ACT AND AWARDING FEES AND COSTS
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CARLOS R. PEREZ (CSB 181647) and
ALEJANDRA GONZALEZ-BEDOY (CSB 323479), Members of
LAW OFFICE OF CARLOS R. PEREZ
A Professional Law Corporation
215 North Marengo Avenue, Third Floor
Pasadena, California 91101
Telephone: (626) 657-6350
Email: [email protected]
[email protected]
Attorneys for Petitioner
MICHELLE R. JACKSON DOING BUSINESS AS
LAW OFFICES OF MICHELLE R. JACKSON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
MICHELLE R. JACKSON DOING
BUSINESS AS LAW OFFICES OF
MICHELLE R. JACKSON,
Petitioner,
v.
CITY OF LAGUNA NIGUEL,
CALIFORNIA,
Respondent.
Case No. ______________________
VERIFIED PETITION FOR WRIT OF
MANDATE DIRECTING COMPLIANCE
WITH THE CALIFORNIA VOTING
RIGHTS ACT AND AWARDING FEES AND
COSTS
[Elections Code § 10010(f)(1); Civ. Proc.
Code § 1085]
1. By this Petition and pursuant to California Code of Civil Procedure Section 1085 and Elections Code § 14025, et seq., petitioner MICHELLE R. JACKSON DBA LAW OFFICES OF MICHELLE R. JACKSON (hereafter, JACKSON) seeks a writ of mandate to enforce certain provisions of the California Voting Rights Act (hereafter, CVRA).
2. Such action is necessary and required in order to obtain specific compliance by respondent CITY OF LAGUNA NIGUEL, CALIFORNIA (hereafter, LAGUNA) of its statutory obligations to JACKSON arising under Section 10010(f)(1) of the California Elections Code. / / /
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VERIFIED PETITION FOR WRIT OF MANDATE DIRECTING COMPLIANCE WITH THE CALIFORNIA VOTING RIGHT’S ACT AND AWARDING FEES AND COSTS
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JURISDICTION AND VENUE
3. This Court has jurisdiction under the California Constitution, Article VI, Section 10, Code of Civil Procedure Section 410.10 and Elections Code Section 14032. It is a Court of competent jurisdiction to grant the relief requested herein.
4. Venue in this Court is proper pursuant to Code of Civil Procedure Sections 394 and 395, and Elections Code Section 14032, because LAGUNA is located within, and the acts complained of occurred in Orange County.
PARTIES
5. At all relevant times, JACKSON is an attorney based in the City of Dana Point, County of Orange.
6. JACKSON has advocated for prospective clients seeking the elimination of “at-large” elections in various cities within Orange County on the basis that such elections are racially discriminatory.
7. At all times mentioned herein, respondent LAGUNA is and has been a political subdivision subject to provisions of the CVRA.
INTRODUCTION
8. California Elections Code Section 14027 provides that “[a]n at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of a protected class . . .”
9. California Elections Code Section 14026(a)(1)-(3) defines an “[a]t-large method of election” as “[o]ne in which the voters of the entire jurisdiction elect the members to the governing body,” “[o]ne in which the candidates are required to reside within given areas of the jurisdiction and the voters of the entire jurisdiction elect the members of the governing body,” or “[o]ne that combines at-large elections with district-based elections.”
10. Up until December 2023, respondent LAGUNA used an at-large method of election for members of its City Council.
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VERIFIED PETITION FOR WRIT OF MANDATE DIRECTING COMPLIANCE WITH THE CALIFORNIA VOTING RIGHT’S ACT AND AWARDING FEES AND COSTS
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11. Voting rights advocates have long targeted at-large election schemes because they dilute the ability of minority groups to elect their preferred candidates and influence elections in a meaningful way. See Thornburg v. Gingles (1986) 478 U.S. 30, 47 & fn. 13, 106 S.Ct. 2752, 92 L.Ed. 2d 25. In fact, the Supreme Court “has long recognized that multi-member district and at-large voting schemes may operate to minimize or cancel out the voting strength” of minorities. Id., at 47 (“[T]he majority, by virtue of its numerical superiority, will regularly defeat the choices of minority voters”).
12. According to U.S. Census Data, in 2020, Latinos comprised approximately 16% of the population of LAGUNA; and, although they were the largest ethnic population in LAGUNA, historically, Latinos had not exhibited a notable presence in LAGUNA’s elected leadership.
JACKSON’s work, in securing a change in the manner of LAGUNA’s elections, inured a great benefit to both LAGUNA and the general public.
DEMANDS FOR CVRA COMPLIANCE
13. The adoption of the California Voting Rights Act (CVRA) by the Legislature in 2001, gave residents of California hope in ensuring fairness in elections throughout the State.
14. On about June 16, 2023, petitioner JACKSON sent a letter to LAGUNA’s Clerk and the City Council, via personal delivery, requesting the elimination of LAGUNA’s reliance upon an at-large system for electing its City Council. A true and correct copy of JACKSON’s June 16, 2023, is attached hereto as Exhibit 1. In her letter, JACKSON asserted that LAGUNA’s historical reliance on an at-large voting system was racially-discriminatory.
15. Pursuant to the “safe harbor” provision of Elections Code Section 10010(e)(3)(A)- (B), LAGUNA had 45 days from its receipt of JACKSON’s letter in which to announce its intention to transition from an at-large method of election to a district-based system. During which period, JACKSON could not bring an action on behalf of any prospective plaintiff under the CVRA.
16. Availing itself of the “safe harbor” provision, and prior to the expiration of the 45-day period, on about July 26, 2023, the LAGUNA City Council adopted Resolution No. 2023-1444 declaring its intention to transition from at-large to by-district elections. At the request of LAGUNA, on about July 27, 2023, and for the express purpose of reducing and limiting LAGUNA’s potential Media Access Portal
VERIFIED PETITION FOR WRIT OF MANDATE DIRECTING COMPLIANCE WITH THE CALIFORNIA VOTING RIGHT’S ACT AND AWARDING FEES AND COSTS
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exposure to further fees and costs for its non-compliance, JACKSON voluntarily entered an agreement with LAGUNA to further extend the time for it to complete the transition to a district- based system.
17. Transitioning to a district-based system was not an existing goal for LAGUNA but arose exclusively because of JACKSON’s correspondence. A true and correct copy of the LAGUNA’s press release, dated July 27, 2023, confirming that JACKSON was the catalyst for the transition is attached hereto as Exhibit 2. See Ex. 2 (LAGUNA Press Release), at 1 (“While transitioning to a district-based election system was not an existing goal for the City, on June 16, 2023, the City received a letter challenging the current election system and asserting that the City’s at-large election system violates the California Voting Rights Act . . . ”).
18. Subsequently, and, as a direct result of petitioner JACKSON’s demand letter, LAGUNA engaged local residents in a series of public hearings on about September 5, September 19, November 7 and December 5, 2023, regarding how particular voting districts within LAGUNA should be drawn. The transition from an at-large election to individual voting districts also garnered local attention in the community via social media and the local press.
19. On about January 16, 2024, LAGUNA ultimately adopted an ordinance changing the then current at-large election system to a by-district election system.
THE CALIFORNIA VOTING RIGHTS ACT
CAUSE OF ACTION
[For Violation of the California Voting Rights Act & Art. 1, § 3 of the Cal. Constitution] (Against Respondent LAGUNA)
20. Petitioner JACKSON incorporates herein by reference all allegations of paragraphs 1 through 19, above, as if set forth in full.
THE REQUEST FOR REIMBURSEMENT
21. On about January 24, 2024, petitioner JACKSON requested payment of her attorney’s fees and costs for the initial preparation and research relating to her CVRA demand letter.
22. Such a request for reimbursement was reasonable, did not exceed the statutory cap of $30,000.00 (as adjusted annually to the Consumer Price Index for all Urban Consumers, United Media Access Portal
VERIFIED PETITION FOR WRIT OF MANDATE DIRECTING COMPLIANCE WITH THE CALIFORNIA VOTING RIGHT’S ACT AND AWARDING FEES AND COSTS
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States city average, as published by the United States Department of Labor) and contained more than sufficient detail to warrant payment.
23. Since then, LAGUNA has denied petitioner JACKSON’s request for reimbursement under Elections Code Section 10010(f), and refuses to pay any attorney’s fees to JACKSON for her work in connection with the CVRA matter without imposing unreasonable conditions for payment. Reasonable efforts by JACKSON to negotiate payment of her fees have been unsuccessful.
24. LAGUNA has unreasonably denied JACKSON’s request for reimbursement under Elections Code Section 10010(f) of costs that she has incurred for demographic services and other expenses. Respondent LAGUNA has offered absolutely nothing to offset these costs, and subsequent, reasonable efforts by JACKSON to negotiate reimbursement have been unsuccessful.
25. Petitioner JACKSON now has no choice but to file this Petition for compliance with the CVRA’s fee provision.
26. The CVRA’s safe harbor is an alternative dispute resolution process that allows a local government that receives a notice letter to assess its risk of liability and avoid litigation by adopting a resolution of intent to transition to district-based elections within a specific time. The reimbursement provision is a key part of the compromise that the League of California Cities supported when the Legislature enacted the bill establishing the safe harbor in 2016. In fact, the Bill’s author added Section 10010(f) precisely to address local government concerns over the prospect of costly CVRA litigation by capping fees and costs at no more than $30,000.00, as adjusted for inflation.
27. LAGUNA could have refused to transition but instead adopted a resolution of intent and ultimately moved to district-based elections as a direct result of JACKSON’s letter.
28. LAGUNA’s city attorney observed that “[b]ecause of the low burden of proof for plaintiffs, the low probability of litigation success, and the potential for being required to pay plaintiffs’ attorneys fees, a large majority of agencies have voluntarily changed from at-large elections to district-based elections rather than engage in potentially expensive and futile litigation.” Accordingly, he noted that LAGUNA could avail itself of the safe harbor process precisely to cap Media Access Portal
VERIFIED PETITION FOR WRIT OF MANDATE DIRECTING COMPLIANCE WITH THE CALIFORNIA VOTING RIGHT’S ACT AND AWARDING FEES AND COSTS
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“fees where that procedure is invoked.” Ex. 3 (City Attorney’s Memo), at 2. A true and correct copy of the City Attorney’s Memorandum, dated July 26, 2023, recognizing the advantage of resolving CVRA claims early on to avoid fees “which would likely be significant,” is attached hereto as Exhibit 3. See Ex 3, at 5.
29. LAGUNA has decidedly refused to fulfill its statutory obligation to JACKSON notwithstanding JACKSON’s adequate documentation of her fees and costs.
30. As such, petitioner JACKSON has been harmed by LAGUNA’s conduct and is entitled to fees and costs for her work in the preparation of her request for compliance to LAGUNA.
Such fees and costs could have been avoided had it complied with the CVRA prior to June 2023.
Due to LAGUNA’s obstinance, it was necessary and warranted for JACKSON to incur fees and costs to bring LAGUNA into compliance.
31. Furthermore, fees incurred by JACKSON which were reasonable, do not include additional time she expended after her January 24, 2024 demand for reimbursement.
PRAYER FOR RELIEF
WHEREFORE, petitioner JACKSON prays as follows:
1. That the Court issue a peremptory writ of mandate directing respondent LAGUNA to pay, according to proof at trial, attorney’s fees and costs within the statutory cap of Elections Code Section 10010(f) which were necessarily and reasonably incurred by JACKSON in bringing about LAGUNA’s compliance with the CVRA;
2. That the Court award JACKSON, pursuant to California Code of Civil Procedure Section 1021.5 and any other applicable statutes, additional reasonable fees and costs, according to proof at trial, which JACKSON incurred in preparing and bringing this action to obtain respondent LAGUNA’s compliance with Elections Code Section 10010; and / / /
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VERIFIED PETITION FOR WRIT OF MANDATE DIRECTING COMPLIANCE WITH THE CALIFORNIA VOTING RIGHT’S ACT AND AWARDING FEES AND COSTS
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3. For such other and further relief as the Court deems proper.
Dated: May 24, 2024 LAW OFFICE OF CARLOS R. PEREZ
A Professional Law Corporation
By: _________________________
CARLOS R. PEREZ
Attorneys for Petitioner
MICHELLE R. JACKSON DOING
BUSINESS AS LAW OFFICES OF
MICHELLE R. JACKSON
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EXHIBIT 1
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PRESS RELEASE CITY OF LAGUNA NIGUEL
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
(949) 362-4300
cityoflagunaniguel.org
July 27, 2023
FOR IMMEDIATE RELEASE
City of Laguna Niguel to Begin District Formation Process
Laguna Niguel, CA – At the Wednesday, July 26, 2023, Special City Council Meeting, the Laguna Niguel City Council adopted a Resolution declaring its intention to transition from at- large to district-based municipal elections.
Currently, all Laguna Niguel registered voters vote for all five City Council Members. Upon completion of the districting process, the City will have separate voting districts. Beginning in 2024, voters will then vote for one City Council Member to represent the district they live in.
While transitioning to a district -based election system was not an existing goal for the City, on June 16, 2023, the City received a letter challenging it s current election system and asserting that the City’s at -large election system vi olates the California Voting Rights Act (CVRA). Laguna Niguel is not unique in this situation as dozens of agencies throughout the State have received similar demand letters prompting a transition from at -large to district - based elections.
Residents are encouraged to get involved in the district formation process by attending public hearings, sharing their thoughts on neighborhoods that should be kept together in a single district, submitting a map of proposed district lines, and eventually providing feedback on other draft maps drawn by the community and the City’s professional demographer.
As required by law, the City of Laguna Niguel will hold four public hearings:
• September 5, 2023, at 7 p.m. – First Public Hearing, Laguna Niguel Council Chamber • September 19, 2023, at 7 p.m. – Second Public Hearing, Laguna Niguel Council Chamber • November 7, 2023, at 7 p.m. – Third Public Hearing, Laguna Niguel Council Chamber • December 5, 2023, at 7 p.m. – Fourth Public Hearing, Laguna Niguel Council Chamber
To help share information about the district formation process , public mapping tools, maps drawn by the public, and to collect public feedback, the City of Laguna Niguel has launched a dedicated district formation webpage: www.cityoflagunaniguel.org/districting. The webpage includes background information about district formation, a schedule outlining public hearings and deadlines, frequently asked questions, and details on how to get directly involved in the district formation process. As the process moves forward in the c oming months, the City of Laguna Niguel will continue to update the dedicated district formation webpage to include additional information on upcoming meetings, hearings, and outcomes.
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