I saw Steve Baric this morning at the California delegation breakfast. He said he was flying back OC today, because he's representing Lou Penrose tomorrow in court.

Penrose is Rep. John Campbell's district director and a candidate for Dana Point City Council. However, is legal name is Luigi Rosetti, Jr, although he has gone by Penrose for many years.

Since Penrose is politically linked to Dana Point Councilwoman Diane Harkey, Harkey arch-foe Jim Lacy has taken Penrose to court, seeking to have his name on the ballot changed from Lou Penrose to Luigi Rossetti, Jr.

Following is the text of the preliminary ruling by Judge Polos:

The motion is granted in part. The Registrar is directed to add in parentheses after the name on the ballot and candidate statement the words "aka Luigi Rossetti Jr." The request for fees and costs is denied. This proceeding has afforded no benefit to the public, which would not have been misled had the ballot remained unchanged.

Notes: Although the name on the ballot is not a legal name or common law name of the candidate, it is the name he has gone by for years for most purposes and all public purposes. Its appearance on the ballot will not mislead the voters. However, it is technically a false name and therefore the election materials should be modified to include the legal name.

The hearing is at 1:00 p.m. tomorrow. Regardless of what the judge's final decision, the real hammer blow would be if Judge Polos awards attorney fees to Jim Lacy. I think that is a big motivator behind this lawsuit.

Given Dana Points' restrictive contribution limits, awarding attorney fees of several thousand dollars would seriously damage Penrose's ability to wage an effective. [Something for die-hard advocates of contribution limits to keep in mind].

UPDATE: Oops. I blundered in missing the part of Judge Solos' ruling that attorney fees had been denied. But the request had been made, and if granted would have wounded Penrose's candidacy.