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2012-03-26 - Noonan v Bowen - Notice of Related Cases

2012-03-26 - Noonan v Bowen - Notice of Related Cases

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Published by Jack Ryan

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categoriesTypes, Research, Law
Published by: Jack Ryan on Apr 03, 2012
Copyright:Attribution Non-commercial

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ORIGINAL
FREDRIC
D.
WOOCHER
(SBN
96689)
MICHAEL
J.
STRUMWASSER
(SBN
58413)
PATRICIA T. PEI
(SBN
274957)
STRUMWASSER
&
WOOCHER
LLP
10940
Wilshire
Boulevard,
Suite
2000
Los
Angeles,
California
90024Telephone:
(310)
576-1233
Facsimile:
(310)319-0156
E-mail:
fwoocher(^strum wooch.com
Attorneys for
RespondentsPresident Barack Obama
and Obama for America
FjLED3
ENDORSEDBy.
MAR 2 6 2012
R. TORRE
Deputy Clerk
SUPERIOR
COURT
OF THE STATE OF CALIFORNIAFOR THE COUNTY OF SACRAMENTOEDWARD C. NOONAN, PAMELABARNETT, SHARON CHICKERING,
GEORGE
MILLER, TONY DOLZ, NEILTURNER, and GARY WILMOTT,
Petitioners,
V.
DEBRA. BO\\niN, individually and
officially
as The California
Secretary
of
State
at 1500
I
r*^
Street,
5'^
Floor,
Sacramento,
CA
95814;
BARACK HUSSEIN OBAMA
II;
OBAMAFOR AMERICA CALIFORNIA at
Northern
Califomia HQ,
3225
Adeline
Street,
Berkeley,
CA
94703;
JOHN and JANE
DOES;
and XYZENTITIES,
Respondents.
CASENO.
34-2012-80001048
(Assigned
for
All
Purposes
to
Judge
Michael P.
Kenny,
Dept.
31)NOTICE OF RELATED
CASES
Action Filed:
January
6, 2012
Printed
on
Recycled
Paper
NOTICE
OF RELATED CASES
 
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TO
THE HONORABLE
COURT,
ALL
PARTIES,
AND
THEIRATTORNEYS
OF
RECORD:PLEASE
TAKE
NOTICE
THAT
pursuant to
California
Rule of Court 3.300,
Respondents
President Barack Obama and Obama
for
America ("Respondents")
file
this
Notice
of
Related
Case
to advise the Court
of
three related
cases,
two
that are
now
pending
in
the Sacramento County Superior
Court,
and
a
third
that was disposed
of
by
judgment and
affirmed
on
appeal.
All
three
writ
petitions
name
California
Secretary
of
State
Debra
Bowen
as Respondent, two
of
the
cases
name
President Obama (or then-candidate Barack Obama)as Respondent, two of
the
cases
were
filed
by the
same
Petitioner (among others), and allthree
cases
involve
the
identical
legal
issue:
whether the Secretary
of
State
has
a
duty
under
California
law to
verify
the
qualifications
and
eligibility
of Presidential
candidates
before
placing
their
names
on the election
ballot.
The three related
cases,
in
chronological
order of
their
filing
date
(from
earliest tomost recent),
£ire
as
follows:
1.
Keyes et al. v. Bowen et al. (Sac. County
Super.
Ct.
Case
No. 34-2008-80000096),
filed
November 13, 2008, and assigned to the Honorable
Michael
P. Kenny inDepartment
31
of
this Court.
Markham
Robinson
is
one
of
the Petitioners
in
this action,
andSecretary of
State
Bowen and President Obama were both among the
Respondents.
On
May
6, 2009,
Judge
Kenny entered a judgment of dismissal after an order sustaining
Respondents'
demurrer, and the judgment was unanimously
affirmed
by the
Third
District
Court
of
Appeal
in
a
published
opinion
issued
on
October 25,2010.
{Keyes
v.
Bowen
(2010)189
Cal.App.4th
647.) On February 2,
2011,
the
California
Supreme Court denied
review.
2.
Noonan et al. v. Bowen et al. (Sac. County
Super.
Ct.
Case
No. 34-2012-80001048),
filed
January 6, 2012, and assigned to the Honorable Michael P. Kenny inDepartment 31 of this Court. Secretary of
State
Bowen and President Obama are both
Respondents
in this action.
While
Respondents'
demurrers to the
Petifion
were pending,
with
a hearing scheduled before
Judge
Kenny on March 23, 2012, Petitioners
filed
a First
Amended Complaint
on
March
22, 2012.
1
NOTICEOF
RELATED
CASES
 
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23456789101112131415161718192021222324252627283. Dummett et al. v. Bowen (Sac. County
Super.
Ct.
Case
No. 34-2012-80001091),
filed
March 20, 2012, and
assigned
to the Honorable Timothy
M.
Frawley inDepartment 29 ofthis Court. Markham Robinson is one
of
the Petitioners
in
this action, and
Secretary
of
State
Bowen in the
Respondent.
Date: March 23, 2012 STRUMWASSER
&
WOOCHER
LLP
Fredric D. WoocherMichael J.
Strumwasser
Patricia
T.
Pei
By
Fredric
D.
Woocher
Attorneys for RespondentsPresident Barack Obama
and
Obama for America
NOTICE
OF
RELATED
CASES

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