Timeline of Court Interactions Leading up to Filing the Statement of Contest

1/6/23:  I came by the County Clerk's office to attempt to file the elections contest as a special proceeding. I made it clear that I wanted the proper legal procedures followed hence did not want to have it filed as a civil action.  The Clerk Supervisor (Ms. Karen Wilmes) was not sure how to file the statement of contest. Knowing elections contests such as mine may not be very common, I anticipated there might be some confusion or concern filing it the proper way. So prior to my visit, I prepared a letter, addressed to Mr. Neal Taniguchi (Court Executive Officer), describing how election contests should be filed. I showed the letter to Ms. Wilmes. She offered to hold the letter to Mr. Taniguchi, the cover sheet, and the statement of contest paperwork, marking it as "received", and would follow up with me once she had clarity on filing procedures. I could then decide whether or not to file and pay any required filing fees. 

Letter to Mr. Taniguchi re Election Contest Filing

1/9/23:  I received this email from Mr. Taniguchi:

Email from N. Taniguchi (1/9)

Upon receipt of this email, I called Mr. Taniguchi and apologized if my pre-prepared letter incorrectly presumed that the clerk's filing wouldn't be done as a special proceeding, avoiding Part 2 of the Code of Civil Procedure that shouldn't apply. I underscored the importance of avoiding civil procedures such as ex-parte hearings and demurrers. He understood and said that I would be hearing back from Ms. Wilmes.

A few hours later, Ms. Wilmes called me. She said she obtained guidance from county judges, including Honorable Judge Elizabeth Lee and Supervising Judge Marie Weiner. She said that if I so choose, I can contact Ms. Sara Afu, another Clerk Supervisor, who is prepared to file the elections contest paperwork within the civil section of the clerk's office. Ms. Wilmes said that while the case would be assigned a civil case number, procedures governing civil cases (e.g., allowing ex parte hearings and demurrers) may not apply but that this determination cannot be made until the case is heard by the judge. She indicated the case would be assigned to the Honorable Judge Marie Weiner who has heard elections contest proceedings.  

Later that afternoon, I called Ms. Afu. She said she personally was involved in the communications with the Judge Lee, Judge Weiner, and Judge Chu. She mentioned Judge Weiner isn't familiar with election cases and that Judge Chu was asked to do the research regarding election contest procedures. 

The judge's determination was:

• The case undoubtedly needs to be filed an civil court and assigned a civil case number, but that doesn't mean civil procedures will necessarily govern the elections contest 

• I, as "plaintiff", would need to serve the other side, pursuant to Elections Code 16402 

• The other side can at least file an answer, as provided in the Elections Code 

• The plan would be to schedule a status conference but not until the "plaintiff" has served the "defendant"

1/10/23:  My researcher and I together called Ms. Afu. We discussed our concerns regarding what I was told were Judge Chu's findings. We stated that in a special proceeding, where Division 16 applies, the law does not provide for me serving anyone. To the contrary, Section 16501 clearly says it is the clerk of court's duty to issue a citation for the defendant to appear at the time and place specified in the order. Furthermore, there are no provisions allowing any other documents (besides the initial statement of contest) to be filed for elections contests. Ms. Afu said she is not a lawyer. Ms. Afu agreed to check again with the Judges and call me back.  

Later that afternoon on January 10th, Ms. Afu called me back. She said she spoke with Judge Lee who said she made her decision, and the decision is final: the case needs to be filed as a civil action, and they are not open to hearing arguments regarding the legal procedures that should govern an elections contest. I thanked Ms. Afu and said I would get back to her regarding next steps. She reminded me she is still holding my paperwork pending any decision.

1/11/23:   I send a letter to Mr. Taniguchi and Judge Elizabeth Lee, asking that they reconsider the ruling and informing them I intended to send a motion to them requesting reconsideration that they follow rules:

Letter to Mr. Taniguchi and Judge Lee

1/17/23:  Sent Mr. Taniguchi and Judge Elizabeth Lee a motion to reconsider ruling on allowing CCP procedures in an election contest:

Motion for Reconsideration of Election Contest Rules

1/19/23:  Received a call from Ms. Sara Afu. She called to indicate I could either file as a civil proceeding or pickup the statement of contest paperwork she has been holding. When I asked if she was aware of the correspondence I sent Mr. Taniguchi and Judge Lee, she said "yes". 

I sent this email to Mr. Taniguchi and Judge Lee expressing my frustration that they never contacted me and made a ruling without allowing me to speak, violating due process and laws established by higher courts:

Email to Judge Lee and N. Taniguchi (1/19)

1/20/23:  Received this email from N. Taniguchi, where he ignores the fact that Judge Lee made a decision regarding filing procedures without a case number and without me. And he still isn't clear on exactly what those filing procedures are based on Judge Lee's decision where I wasn't allowed to speak (e.g., does he expect me, contrary to laws governing election contests, to serve Mark Church with a summons per CCP?)

Email from N. Taniguchi (1/20)

2/9/23:  I received a response to a public records request sent to the San Mateo County Clerk. I asked to receive a report showing any payments from the County made to County Judges in the past year and reason for such payments.

Today I received an email response from David Silberman, Chief Deputy County Attorney, saying "Here you go.  So we couldn’t provide the “reason for payment”, but I understand that these reflect supplementary earnings for work, not reimbursement for expenses."  David attached a spreadsheet showing most judges received $19,742 for 2021 and 2022. I also confirmed that this income was NOT disclosed on Form 700 as posted on the FPPC website.  When someone has a complaint against the county, shouldn't the fact that the Judge receives compensation from the county be disclosed as a potential conflict of interest?

3/29/23:  I filed Statement of Contest with the County Clerk (Sara Afu). Apparently the court now is willing to follow Division 16 Election Code procedures (and not Civil Code Procedures) in handling the election contest. Good news!  

Statement of Contest