Mark Rosen: Debbie Cook Lawsuit Dismissed
Posted by: Tomahawk | 03/26/2008 7:06 PM
Peggy Lowe over at Total Buzz reported this:
Mike Schroeder's case against Democratic Congressional candidate Debbie Cook has been dismissed by the Fourth District Court of Appeal, according to Cook attorney Mark Rosen.Oh well...
Cook is running against Schroeder's longtime pal, Rep. Dana Rohrabacher, R-Huntington Beach. Schroeder was challenging Cook's ballot designation of, "Mayor, city of Huntington Beach," on the basis that the gig was not her full-time job and that she was appointed to the top post after being elected to the council. That's even though the Secretary of State's office gave her the green light to use the title.
Rosen said he got word from the Court of Appeal of the dismissal, although not all the details. He said it's possible that Schroeder could be allowed to refiled in Sacramento, but time is running short. The Registrar of Voters is getting elections information ready for the printer and those presses may be rolling by next week.
I'll post a link to the court's opinion when it goes online.
CATEGORY:
CD46 Watch, Debbie Cook Ballot Title Lawsuit





A fool's errand.
Let's see, here's what some of the know-it-alls here had to say in the last week or so:
Slice: "Whether or not you like the rules, it is well-established that one who is not a Mayor directly elected by the voters, such as Mayor Cook, cannot use the title "Mayor" as her occupation."
Tomahawk: "Nicole Winger of the Secretary of State's office (a friend of Woodcher) is wrong on her assessment about what constitute principle profession, occupation or vocation"
Beezuz: "Regardless of what you Dems think of Schroeder, as Flowerszzz pointed out, the rules are on his side."
Flowerszzz: "Schroeder will win in court it is part of elections code."
Maybe next time you'll all be more careful before commenting so confidently on a subject you obviously know NOTHING about. Maybe you've learned something. (But I doubt it.)
For the record, RedPerigrine had it right. Jubal, wisely, kept silent.
LOL ok I am wrong occasionally...;-)
I assume Schroeder, Carlson & Co. may file it in Sacramento. But, I thought the lawsuit was a bad idea period regardless of where it was filed. It was obvious that it would at minimum, be kicked to Sacramento. This unfortunately will give Debbie Cook some positive press. It's unfortunate that Rohrabacher has accomplished little in his time in Washington and has nothing to campaign on other than being a cheerleader.
This seems a pretty prime example of where Mike/Keith Carlson could be hit with a SLAPP suit, forcing them to pick up Rosen and Woocher's legal fees, which, to say the least, aren't cheap.
I'm happy to concede defeat on this one. Mr. Rosen is formidable, particularly in the somewhat obscure field of election law. This is great news for every part-time Mayor seeking higher office or presumably, re-election to a City Council. I stand by my previous post only to the extent that it reflects the rules that many local electeds have operated under for many years. Now there should be no question about this (and some would argue there never was).
No judge ruled on the validity of Mayor as a title.
This case got tossed out because it was filed in the wrong court - it was filed in OC, not Sacramento as it was supposed to have been. And further, only named the OC Registrar, instead of the SecState as it should have.
It wasn't even ruled on, Schroeder's suit got tossed because he screwed up and filed it in a court that didn't have jurisdiction.
Mike owns an insurance company and should stop trying to pretend to be an election lawyer. He isn't one.
I would reserve final observations until I read the decision but as I said, this was filed in the wrong court and failed to name the SOS. The effort was clumsy. Judge Lewis had no clue. The Dark Lord is in a slump. And score the first round for Debbie Cook, with a little help from Janet's friends Woocher and Rosen.
I guess Neil Blais, Jeff Miller and Curt Hagman must be relieved to know that they're really not scofflaws after all.
To the scofflaws...
the date has passed for challenges to June primary...go ahead and file more frivolous lawsuits, think devore is working on issuing you a special parking permit, clearly those of you supporting this crazyness need special permits to park your baggage.
And thanks to Mike "Dark Looser" Schroeder for elevating Mayor Debbie Cook's campaign to national status. Cannot wait till the next reporting period and seeing the new sources of money from around the country.
Please don't drink n drive or drink n sue...
I hope Dina Nguyen hires Mike Schroeder to get her out of trouble with her campaign report.
So Tomahawk, who was Neil Blais' and Jeff Miller's friend in the Secretary of State's office. They also had no problem allowing these two REPUBLICANS to use the Mayor's title. Folks, notice how the Red County crowd refuses to even address this hypocrisy, they simply ignore the fact that Republicans are hypocrites.
Keith should sue Schroeder for malpractice. Like that would ever happen hahaha. But seriously, filing in the wrong court like that is huge mistake and in the real world would open up the attorney making the mistake to exposure to liability.
Is this the same Mark Rosen that serves on the Garden Grove City Council?
Mark Rosen is a spectacular attorney! Another excellent job done by the creme de la creme of attorneys in California! Congratulations Mark Rosen and thank you for ensuring justice prevails.