1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JAMES M. FINBERG (SBN 114850) [email protected] SCOTT A. KRONLAND (SBN 171693) [email protected] P. CASEY PITTS (SBN 262463) [email protected] ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, California 94108 Telephone: (415) 421-7151 Facsimile: (415) 362-8064 Attorneys for Plaintiffs Demetrio Gomez, Giovanni Campos, Oscar Gomez, Mateo Saldivar, Samuel Saldivar, and State Building and Construction Trades Council of California SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO NORTH COUNTY REGIONAL CENTER DEMETRIO GOMEZ, GIOVANNI CAMPOS, ) OSCAR GOMEZ, MATEO SALDIVAR, ) SAMUEL SALDIVAR, and STATE BUILDING ) AND CONSTRUCTION TRADES COUNCIL ) OF CALIFORNIA, ) ) Plaintiffs, ) ) ) v. ) ) ) CITY OF ESCONDIDO; ESCONDIDO CITY ) COUNCIL; SAM ABED, in his official ) capacity as Mayor of the City of Escondido; ) MARIE WALDRON, in her official capacity as ) Deputy Mayor of the City of Escondido; and ) MARSHA WHALEN, in her official capacity as ) City Clerk for the City of Escondido, ) ) Defendants. ) ) Case No. COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE CALIFORNIA VOTING RIGHTS ACT OF 2001 AND THE FEDERAL VOTING RIGHTS ACT OF 1965 Unlimited Civil Case

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiffs Demetrio Gomez, Giovanni Campos, Oscar Gomez, Mateo Saldivar, Samuel Saldivar, and State Building and Construction Trades Council of California allege as follows: INTRODUCTION 1. This action challenges the City of Escondidos use of a discriminatory at-large

voting system to elect the members of the Escondido City Council. Due to racially polarized voting in the city, Escondidos at-large method of electing City Council members dilutes the voting strength of Escondidos Latino residents and thereby impairs their ability to participate in the political process, to elect candidates of their choice, and to influence the outcome of elections. The at-large system results in a denial or abridgement of their right to vote on account of their race or color, in violation of both the California Voting Rights Act of 2001 and the federal Voting Rights Act of 1965, as amended. 2. The consequences Escondidos discriminatory at-large voting system for its

Latino residents are clear. Although Escondidos population is nearly 50% Latino, only one openly Latino individual has been elected to the City Council in its 123-year history. No member of Escondidos City Council resides in Escondidos central, largely Latino core. Escondidos Latino residents suffer the ongoing consequences of past and present discrimination and fare worse than white, non-Latino residents on numerous measures of socioeconomic status. For example, Latino residents are twice as likely as white residents to receive food stamps, and 50% more likely to live in poverty. Likewise, Escondidos Latino residents are far less likely than white residents to have completed high school or earned a college degree, and are far less likely to have health insurance. Rather than addressing the Latino communitys problems and concerns through meaningful interventions or cooperative initiatives, the City Council elected through Escondidos existing at-large system has aggressively pursued policies that have divided the community along racial and ethnic lines and given Escondido a national reputation as vigorously anti-Latino. 3. Plaintiffs bring this action to end this ongoing infringement of the voting rights of

Escondidos Latino residents, and to require Escondido to implement a district-based method of electing City Council members that would permit Escondidos Latino voters to elect the 1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

candidates of their choice, influence the outcome of City Council elections, and participate meaningfully in the democratic process. Defendants have been informed of Escondidos ongoing violations of state and federal law and of their legal duty to replace Escondidos existing at-large system with a district-based system, but have refused to do so. 4. Plaintiffs seek a declaration that Escondidos current method of electing City

Council members violates the California Voting Rights Act of 2001 and the federal Voting Rights Act of 1965, as amended, and an order prohibiting the continued use of that illegal system. Plaintiffs also seek an order requiring Defendants to design and implement a new, district-based system of City Council elections that would remedy Defendants prior violations of state and federal voting rights laws and provide Escondidos Latino residents with an opportunity to elect candidates of their choosing and to influence the outcome of City Council elections. PARTIES 5. Plaintiff Demetrio Gomez is a resident of the City of Escondido. He is over the

age of 18 and eligible and registered to vote in elections for the Escondido City Council. Mr. Gomez is active in city politics, votes in city elections, attends City Council meetings, and engages in other forms of civic and political engagement in the City of Escondido, including working to elect fellow Latinos to the Escondido City Council. Mr. Gomez is Latino, and he is a member of a class of voters that constitutes a protected class for purposes of the federal Voting Rights Act of 1965, as amended, and the California Voting Rights Act of 2001. 6. Plaintiff Giovanni Campos is a resident of the City of Escondido. He is over the

age of 18 and eligible and registered to vote in elections for the Escondido City Council. Mr. Campos votes in city elections, including Escondido City Council elections. Mr. Campos is Latino, and he is a member of a class of voters that constitutes a protected class for purposes of the federal Voting Rights Act of 1965, as amended, and the California Voting Rights Act of 2001. 7. Plaintiff Oscar Gomez is a resident of the City of Escondido. He is over the age

of 18 and eligible and registered to vote and he intends to vote in elections for the Escondido City Council. Mr. Gomez is Latino, and he is a member of a class of voters that constitutes a 2
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

protected class for purposes of the federal Voting Rights Act of 1965, as amended, and the California Voting Rights Act of 2001. 8. Plaintiff Mateo Saldivar is a resident of the City of Escondido. He is over the age

of 18 and eligible and registered to vote in elections for the Escondido City Council. Mr. Saldivar votes in city elections, including Escondido City Council elections. Mr. Saldivar is Latino, and he is a member of a class of voters that constitutes a protected class for purposes of the federal Voting Rights Act of 1965, as amended, and the California Voting Rights Act of 2001. 9. Plaintiff Samuel Saldivar is a resident of the City of Escondido. He is over the

age of 18 and eligible and registered to vote in elections for the Escondido City Council. Mr. Saldivar votes in city elections, including Escondido City Council elections. Mr. Saldivar is Latino, and he is a member of a class of voters that constitutes a protected class for purposes of the federal Voting Rights Act of 1965, as amended, and the California Voting Rights Act of 2001. 10. Plaintiff State Building and Construction Trades Council of California, AFL-CIO

(State Council) is a non-profit labor federation composed of about 131 local unions, 16 district labor councils, and 22 local building trades councils that collectively represent about 300,000 men and women who work in the building and construction trades in California. The State Council was founded in 1901 to advocate for improvements in the general welfare of the members of its affiliates (affiliated members) and of all working men, women, and minors in the construction industry in California. Members of the State Councils affiliates, including Laborers Union Local 89 and United Association of Plumbers, Steamfitters, HVAC Techs, and Apprentices Local 230, are Latinos who reside and vote in Escondido. 11. Part of the State Councils mission, as set forth in its Constitution, is to protect

and strengthen democratic institutions, to advance the standing of affiliated members in community life and affairs, and to enhance affiliated members voting rights under state and federal law. The State Council devotes its time, energy, and resources to these goals, including by registering affiliated members to vote and by conducting voter education activities for 3
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

affiliated members. By diluting the voting strength of Escondidos Latino voters, Escondidos at-large method for electing City Council members harms the State Councils efforts to protect and promote the voting rights of its affiliated members in Escondido and to enhance their participation in Escondidos civic and political life. In addition, the City Council elected through Escondidos existing at-large system has pursued economic policies contrary to the interests of working people in Escondido, including Latino workers, harming the State Councils affiliated members. 12. Defendant the City of Escondido (Escondido) is a general law city located in the

County of San Diego. The City of Escondido is a political subdivision within the meaning of Cal. Elections Code 14026(a). 13. Defendant Escondido City Council is the governing and legislative body for the

City of Escondido, within the meaning of Cal. Elections Code 14028(a), and is situated in the County of San Diego. 14. Defendant Sam Abed is the Mayor of the City of Escondido, and a member of the

Escondido City Council. He is sued in his official capacity only. He resides in the County of San Diego. 15. Defendant Marie Waldron is the Deputy Mayor of the City of Escondido, and a

member of the Escondido City Council. She is sued in her official capacity only. She resides in the County of San Diego. 16. Defendant Marsha Whalen is the Escondido City Clerk. Ms. Whalen is

responsible for overseeing local elections within the City of Escondido. She is sued in her official capacity only. She resides in the County of San Diego. 17. All Defendants have been informed by Plaintiffs that Escondidos current at-large

method for electing members of the City Council violates state and federal voting rights laws. Defendants, however, have refused to address their ongoing violation of the voting rights of Escondidos Latino voters by adopting a district-based method of electing City Council members. // 4
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. 18.

JURISDICTION AND VENUE This Court has jurisdiction over this action pursuant to the California

Constitution, Article VI, 10, because this case is a cause not given by statute to other trial courts. This cause of action is within the unlimited civil jurisdiction of this Court. Cal. Code Civ. Proc. 88. 19. Venue is proper in this Court because defendant City of Escondido and defendant

Escondido City Council are cities or local agencies situated in the County of San Diego. Cal. Code Civ. Proc. 394(a); Cal. Elections Code 14032. Venue is also proper in this Court because all defendants are situated in the County of San Diego and the injuries suffered by plaintiffs have occurred and, unless enjoined, will continue to occur, in the County of San Diego. Cal. Code Civ. Proc. 395(a). FACTUAL ALLEGATIONS ESCONDIDO CITY GOVERNMENT Escondido is a general law city organized under California general law, Cal. Govt

Code 34100 et seq. 21. Escondido is governed by a five-member Escondido City Council, which acts as

the governing and legislative body for Escondido. 22. The Escondido City Council is composed of the Mayor and four City Council

members, all of whom serve four year terms. City Council elections are staggered such that two City Council members are elected every two years. City Council elections are conducted atlarge, within the meaning of Cal. Govt Code 14026(a)(1). All Escondido voters, regardless of where they reside in Escondido, vote for their preferred City Council candidate, and the two candidates who receive the most votes are elected to the City Council. 23. As described herein, this at-large method of electing City Council members

prevents Latino voters from electing the candidates of their choosing, influencing City Council elections, and otherwise participating in politics to the same extent as non-Latino voters. Latinos constitute a significant portion of both Escondidos total population and its voting population but, as a result of racially polarized voting patterns within Escondido, candidates preferred by 5
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Latino voters are regularly defeated by the candidates preferred by Escondidos non-Latino majority. By contrast, if Escondido were to implement a district-based method of electing City Council members, Escondido could create one or more districts in which Latino voters constitute a greater proportion of eligible voters and thus no longer have their electoral preferences defeated by the votes of Escondidos non-Latino majority. ESCONDIDOS LATINO POPULATION 24. Latinos constitute a sizable and growing portion of Escondidos population. As of

the 2010 census, the total population of Escondido was 143,911. Of that population, 70,326 were Hispanic or Latino i.e., 48.9% of Escondidos total population. That number represents an increase of nearly 19,000 people over 10 years. In 2000, only 51,693 of Escondidos 133,559 residents 38.7% of the overall population were Hispanic or Latino. The overall population of Escondido increased by only 7.75% from 2000 to 2010, while its Latino population increased by 36% during that period. 25. Escondidos Latino population is significantly younger than Escondidos

population as a whole. As a result of that and other factors, approximately 27% of Escondidos voting-age citizens are Latino. 26. Escondidos Latino residents are not evenly dispersed throughout Escondido.

Instead, Escondidos Latino residents, including its Latino voting-age citizens, are concentrated in specific neighborhoods, including neighborhoods in Escondidos historic central core such as the Mission Park neighborhood. 27. Escondidos Latino residents bear the present effects of past discrimination in

numerous respects, and white, non-Latino residents of Escondido fare better than Escondidos Latino residents on numerous measures of socioeconomic status. 28. Latino residents of Escondido are twice as likely as non-Latino, white residents

(white residents) to be food stamp recipients, and are 50% more likely to live in poverty. 29. There is a large gap in educational achievement between Escondidos Latino

residents and its white residents, with Latino residents far less likely to complete high school or receive a college degree. More than 50% of Escondidos Latino residents have not received a 6
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

high school diploma, compared to only 26% of Escondidos white residents. Just over 11% of Escondidos Latino residents have received an associates, bachelors, or other advanced degree, compared to 32% of Escondidos white residents. Escondidos Latino students also perform at a significantly lower level than Escondidos white students on the California High School Exit Exam (CAHSEE) and the California Standardized Test (CST). 30. Escondidos Latino residents are also far less likely than its white residents to

have health insurance coverage. This is especially true for Latino residents who do not have access to state insurance programs for children or the elderly. For example, while 83.6% of Escondidos white residents between the ages of 55 and 64 have health insurance coverage, only 54.3% of Latino residents in that age group have health insurance coverage. ESCONDIDOS LATINO RESIDENTS HAVE LITTLE OR NO INFLUENCE IN CITY POLITICS 31. Although Escondido has a large and growing Latino population, that population

exercises little or no influence within Escondidos political sphere, which is marked by racially polarized voting and appeals to race and ethnicity that have prevented Latino-preferred candidates from being elected to the City Council. Latino City Council Candidates 32. Although Escondido has a large Latino population, in Escondidos 123-year

history, there have only ever been two Latino members of the Escondido City Council, only one of whom acknowledged her Latino heritage before her election to the City Council. 33. The first Latino to serve on Escondidos City Council was Elmer Cameron, who

served on the Escondido City Council from 1992 to 1996. However, Mr. Cameron did not acknowledge that he was Latino until after his election to the City Council. He was defeated in the 1996 City Council elections. 34. Olga Diaz was the first openly Latino candidate to be elected to the Escondido

City Council. She was elected to the City Council in 2008, after unsuccessfully running in 2006. Ms. Diaz attributed her 2006 failure to the public focus on issues relating to race, ethnicity, and Escondidos Latino population particularly its undocumented immigrant population during 7
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

the 2006 campaign. Ms. Diaz downplayed her Latino heritage during the 2008 campaign, emphasizing that both her first husband and her current husband are white. Ms. Diazs support in 2008 also correlated positively with support for Democratic presidential candidate Barack Obama, who performed significantly better in Escondido in 2008 than prior Democratic presidential candidates had performed or can be expected to perform in the future 35. Although other Latinos have run for Escondido City Council, none have been

successful. Most notably, Carmen Miranda ran for City Council in both 2006 and 2010 and was unsuccessful in both years. She reported that, during the 2006 campaign, some Escondido residents asked to see her immigration papers while she was walking precincts. 36. The difficulty Latino candidates have faced in Escondido City Council elections is

mirrored in other Escondido elections, such as those to elect members of the Escondido Union School District (EUSD) school board. Although a majority of EUSDs students are Latino, the EUSD school board currently has no Latino members and no members who reside in Escondidos central, highly Latino core. The EUSD school board recently decided to replace its existing at-large method of electing board members with a district-based system in order to avoid potential liability under the California Voting Rights Act of 2001. Racially Polarized Voting 37. There is a clear and consistent pattern of racially polarized voting between Latino

and non-Latino voters in Escondido elections. Escondidos Latino voters tend to vote similarly to one another, while voting differently from non-Latino voters. As a result, Latino voters have been unable to influence the results of elections within Escondido, which are dictated by the preferences of Escondidos non-Latino voters. 38. Examples of Escondido elections exhibiting racially polarized voting between

Latino and non-Latino voters include, but are not limited to: (A) The 2006 City Council Election, in which Latino candidates Olga Diaz and Carmen Miranda received twice as much support from Latino voters as from white voters, but were both unsuccessful; // 8
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(B)

The 2008 City Council Election, in which there was a ten-point differential in Latino and white support for Latino candidate Olga Diaz;

(C)

The 2010 City Council Election, in which Latino voters provided more than three times as much support as white voters for Latino candidate Carmen Miranda; and

(D)

Numerous statewide elections, including the 1996 vote on Proposition 209, which was widely viewed as anti-minority; the 2006 Democratic Primary for Lieutenant Governor; and the 2010 Democratic primaries for Attorney General and Insurance Commissioner. In each of these statewide races, Latino voters consistently voted differently than white voters. Specifically, Latino voters provided far less support for Proposition 209 than white voters and supported Latino candidates in the 2006 and 2010 Democratic primaries to a far greater extent than white voters.

The Escondido City Council Is Unresponsive to the Latino Communitys Needs 39. Because Escondidos Latino residents have little or no political influence, the

Escondido City Council is not responsive to the needs of Escondidos Latino community. Rather than addressing those needs, the City Council has pursued aggressive anti-immigrant policies that have inflamed racial and ethnic tensions within Escondido. 40. For example, in 2006 the National Latino Research Center at California State

University, San Marcos released a report on Escondidos heavily Latino Mission Park neighborhood. The report identified the difficulties facing that low-income neighborhood and suggested steps that could be taken to address the neighborhoods needs, such as providing additional spaces and activities for youth, expanding the neighborhoods educational resources, and improving employment opportunities within the neighborhood. 41. The City Council did not implement the recommendations in the report. Instead,

members of the City Council used the report to justify a new law prohibiting Escondido landlords from renting apartments or other dwelling units to undocumented immigrants (hereinafter the Ordinance). 9
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

42.

The Ordinance was widely perceived as anti-Latino. Political rallies regarding the

Rental Ordinance were heated, divided between Latinos who opposed the Ordinance and whites who supported the Ordinance, and marked by appeals to race and ethnicity. After a federal judge concluded that the Ordinance was likely unconstitutional and granted a temporary restraining order prohibiting its enforcement, the City Council abandoned its defense of the Ordinance. 43. Since that time, Escondido and the City Council have considered or implemented

numerous other anti-immigrant policies widely perceived as anti-Latino, while still failing to address the needs of Escondidos Latino residents. For example, the Citys police department has established checkpoints in or near Latino neighborhoods at which all drivers are stopped and asked to provide their drivers licenses. Likewise, the City Council has considered imposing overnight parking restrictions targeting heavily Latino neighborhoods and creating new limitations on the solicitation of work by day laborers in Escondido a group composed largely of Latinos. These policies have angered Escondidos Latino residents and made them feel unwelcome and disfavored in Escondido. Appeals to Race and Ethnicity in the Political Sphere 44. Escondidos political culture is marked by appeals to race or ethnicity, and issues

relating to race and ethnicity frequently determine electoral outcomes in Escondido. 45. Debates regarding Escondidos anti-immigrant policies have included frequent

appeals to race and ethnicity. For example, the debates and rallies surrounding passage of the 2006 rental ordinance included repeated appeals to race or ethnicity by both proponents and opponents of the Ordinance. During the 2006 City Council campaign, residents of Escondido asked to see Carmen Mirandas immigration papers while she walked precincts. 46. Similarly, in 2007, City Council member (now Deputy Mayor) Marie Waldron

published a commentary in a local newspaper asserting that the countrys values, heritage, culture [and] language were under full attack by immigrant populations. Waldrons commentary was understood and received as an attack on all things Mexican because it commingl[ed] Latino heritage and illegal immigration. // 10
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

47.

Likewise, shortly before the 2008 City Council elections, City Council member

(now Mayor) Sam Abed asserted that [p]oor people and Latinos cant be outside the regulations. We can be compassionate with them, but at the same time we have to respect the rights of citizens. Like Waldrons commentary, Abeds statements were understood and received as an attack on all Latinos in Escondido. 48. Another example of the prevalence of racial and ethnic appeals in Escondidos

political culture is provided by the four-page flyer that Escondido Police Officers Association distributed in March 2009 to generate opposition to compensation cuts proposed by the City Council. The front page of the flyer stated that gang members outnumber Escondidos police officers on the streets by almost 6 to 1, and featured a picture of five young Latino male gang members from a notoriously violent gang in Los Angeles. All of the police officers pictured in the flyer were white. After seeing the flyer Olga Diaz stated that it would make people afraid of young Latino men, and another Latino resident of Escondido characterized the flyer as fearmongering at its worst with racist overtones that would alienate a huge part of the community. 49. When running for mayor in 2010, Mr. Abed sent voters another racially-charged

flyer. Mr. Abeds flyer depicted a group of Latinos crossing a highway and stated, There is only one candidate we can trust to uphold the rule of law in Escondido. 50. The sharp ethnic and racial divides in Escondido are evident in recent hate-crime

statistics. From 2009 to 2010, hate crimes against Latinos in San Diego County as a whole increased 46.9 percent, and the number of hate crimes against Latinos in Escondido in particular doubled. 51. Race and ethnicity often determine political outcomes in Escondido. For

example, Olga Diaz attributed her loss in the 2006 City Council election to her ethnicity and the publics focus on issues relating to race and ethnicity. She was successful in 2008 only after playing down her Latino heritage by stating that she was just a candidate, not a Latina candidate and explaining that her campaign was not about race or immigration. // // 11
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 52.

Latino Choice or Latino Influence Districts Could Be Created Escondidos existing at-large method for electing members of the City Council,

combined with the racially polarized voting in Escondido, prevents Escondidos Latino population from electing the candidates of their choice or influencing the outcome of City Council elections. Even when a majority of Latino voters support a candidate, the vote dilution caused by the at-large election method and the overall numerical superiority of non-Latino voters prevents Latino voters from successfully electing Latino-preferred candidates. 53. For purposes of determining whether Escondidos at-large system is consistent

with the California Voting Rights Act of 2001 and the federal Voting Rights Act of 1965, as amended, it must be compared to the district-based system that could be implemented in its place. In such a system, members of the Escondido City Council would have to reside within geographically defined districts that are divisible subparts of Escondido, and would be elected only by voters residing within the district they seek to represent. 54. Escondidos Latino voters are concentrated in particular neighborhoods such that,

under a district-based method of electing City Council members, Escondido could create a single district in which Latino voters would constitute a majority of eligible voters and thus be able to elect the City Council candidate of their choosing. Alternatively, given the geographic concentration of Escondidos Latino voters, it is also possible to create two or more districts in which Latinos constitute a much greater proportion of eligible voters (albeit not a majority) than they do under Escondidos current at-large system. In these influence or crossover districts, the preferences of Latino voters would have far greater weight than they do under the current atlarge system. FIRST CAUSE OF ACTION BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS (California Voting Rights Act of 2001, Cal. Elections Code 14025 et seq.) 55. Plaintiff incorporates by reference the allegations of fact set forth in the

previous paragraphs. 56. Defendants employ an at-large method of election, as that term is defined in Cal.

Elections Code 14026(a), for elections to the Escondido City Council. 12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

57.

Racially polarized voting has occurred, and continues to occur, in elections for

members of the Escondido City Council and in elections incorporating other electoral choices by Escondidos voters. 58. Escondidos at-large method of electing members of the City Council impairs the

ability of Latino voters to elect candidates of their choice or to influence the outcome of elections, as a result of the dilution and abridgement of their rights. 59. Defendants, collectively and individually, are responsible for imposing, applying,

maintaining, and/or failing to prevent the use of Escondidos at-large system for electing members of the City Council. 60. An actual controversy has arisen and now exists between the parties relating to the

legal rights and duties of all Plaintiffs and Defendants for which all Plaintiffs desire a declaration of rights. 61. Defendants wrongful conduct has caused, is causing, and unless enjoined will

continue to cause irreparable injury to Plaintiffs. Plaintiffs have no adequate remedy at law for the injury they have suffered, are suffering, and will continue to suffer unless Defendants wrongful conduct is enjoined. SECOND CAUSE OF ACTION BY ALL PLAINTIFFS AGAINST ALL DEFENDANTS (Voting Rights Act of 1965, as amended, 42 U.S.C. 1973 et seq.) 62. Plaintiff incorporates by reference the allegations of fact set forth in the

previous paragraphs. 63. Escondidos at-large method of electing members of the City Council results in

the denial or abridgment, on account of race or color, of the right of Escondidos Latino voters to vote, by diluting Latino voting strength. The at-large system impairs the ability of Latino voters to elect candidates of their choice or to influence the outcome of elections, as a result of the dilution and abridgement of their rights, and gives Escondidos Latino voters less opportunity than other members of the electorate to participate in the political process. // // 13
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

64.

Defendants, collectively and individually, are responsible for imposing, applying,

maintaining, and/or failing to prevent the use of Escondidos at-large system for electing members of the City Council. 65. An actual controversy has arisen and now exists between the parties relating to the

legal rights and duties of all Plaintiffs and Defendants for which all Plaintiffs desire a declaration of rights. 66. Defendants wrongful conduct has caused, is causing, and unless enjoined will

continue to cause irreparable injury to Plaintiffs. Plaintiffs have no adequate remedy at law for the injury they have suffered, are suffering, and will continue to suffer unless Defendants wrongful conduct is enjoined. PRAYER FOR RELIEF Wherefore, as remedies for the causes of action asserted above, Plaintiffs request judgment for Plaintiffs for: (1) A declaratory judgment that Escondidos at-large method of electing members of the Escondido City Council violates the California Voting Rights Act of 2001; (2) A declaratory judgment that Escondidos at-large method of electing members of the Escondido City Council violates the federal Voting Rights Act of 1965, as amended; (3) Preliminary and permanent injunctive relief enjoining Defendants from applying the current at-large method of election to future Escondido City Council elections; (4) Permanent injunctive relief, following a full evidentiary hearing, mandating a new district-based system of City Council elections that complies with the California Voting Rights Act of 2001 and the federal Voting Rights Act and that is tailored to remedy Defendants violation of the California Voting Rights Act of 2001 and the federal Voting Rights Act; (5) Attorneys fees and costs of this action, including but not limited to expert witness fees and expenses as part of the costs, pursuant to Cal. Elections Code 14030 and other applicable law; 14
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1 2 3

(6)

Such other and further relief as the nature of Plaintiffs cause may warrant.

Dated: December 20, 2011 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JAMES M. FINBERG SCOTT A. KRONLAND P. CASEY PITTS ALTSHULER BERZON LLP By:________________________ JAMES M. FINBERG Attorneys for Plaintiffs

15
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF