Judge: Matthew C. Braner, Case: 37-2023-00050446-CU-WM-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - December 14, 2023

12/15/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Writ of Mandate Motion Hearing (Civil) 37-2023-00050446-CU-WM-CTL ARROYO VS PACIFIC RIDGE NEIGHBORHOOD HOMEOWERS' ASSOCIATION CAUSAL DOCUMENT/DATE FILED:

The court is inclined to deny Plaintiff Rachel Arroyo's request for a preliminary injunction, but will hear from the parties in light of the court's thoughts set forth below.

Based on its interpretation of Civil Code section 5145, the court does not believe it is appropriate to assess potential violations of election procedures until such an election takes place. Although subdivision (a) includes the clause 'or the cause of action accrues,' the court does not interpret that language as intended to establish that a claim for violation of Article 4 can accrue before an election takes place. Rather, by ending the sentence with 'whichever is later,' the Legislature intended to address situations in which a claim might accrue after the election takes place (for example, when violations are not discovered until later).

However, it does appear to the court that a potential violation may be brewing. To the extent Defendants have already included, or intend to include, election materials advocating for a certain candidate or position with the ballot mailings, while excluding Plaintiff's election statement, the court believes such actions may be a violation of Civil Code section 5105, subdivision (a)(1).

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