Carol Rudat Has Two Days To Prove She Lives In Orange

I just came back from the court hearing on Mr. Walter Pfaff's filing (represented by attorney Phil Greer) to have Carol Rudat kicked off the ballot. Judge James Gray presided over the hearing, and after hearing from the various parties, refused to grant the writ of mandate, etc. -- but neither did he deny it.

What Gray did was give Carol Rudat's attorney until 3:30 p.m. tomorrow to submit proof Carol Rudat is domiciled at her Center Street bungalow in Orange. If I understand it correctly, Carol Rudat essentially has until tomorrow afternoon to prove that she has been domiciled in Orange since April.

Gray will then make his decision at a 9:00 a.m. hearing on Thursday, October 5.

Carol Rudat wasn't there, although her husband Dave was. Mrs. Rudat was represented by an attorney named Shore (I believe that is how he spelled it) who said he was not her regular attorney (who was unavailable). Since the lawsuit also named the City of Orange and the County of Orange, City Attorney Dave DeBerry was there, as was a representative of the County Counsel's office who's name I didn't catch.

Mr. Shore spoke first. Rudat's domicile, rather than her residency, is what's at issue. The difference, as I understand it, is that domicile is where you plan to stay, whereas residency is where you happen to live at the moment. Shore contended the complainants were conflating "domicile" and "residency" and accused them of trying to read Rudat's mind regarding where she wanted to make her domicile.

Apparently, a utility bill was submitted in an attempt to prove the Rudat's are domiciled in Orange, but the bill is addressed to a P.O. Box in Orange -- which proves nothing.

Shore also said that complaints had been filed with the Secretary of State and the District Attorney, and that those -- not civil court -- were the proper venues because if the allegations were true they would be a criminal matter.

Shore further contended this complaint mixed a campaign with a legal matter -- which he believed dangerous -- and said the court shouldn't intervene.

Orange City Attorney Dave DeBerry asked that orange be dismissed from the suit since they don't determine residency or print ballots. Phil Greer agreed to that, saying the city was named in the interest of caution.

The County of Orange objected to the City of Orange's request, but Judge Gray dismissed the city from the suit anyway.

Next it was the county counsel's turn. She wanted the writ denied. Her argument was basically that the election train has left the station and it's too late to do anything about it. She told Judge Gray the election was only 36 days away, the sample ballots had been printed last night and would soon be going out, etc.

Judge Gray for his part expressed his reluctance for the court to get involved in an election at this stage of the game. Which is why he said he was setting the hearing for Thursday morning. Mr. Shore demurred that since he wasn't the Rudat's regular attorney, but Judge Gray told him sorry, you're it and you need to have a response filed by 3:30 p.m. tomorrow.

Comments

[redperegrine]

Does she have to prove she lives there now, or that she lived there when she registered?

[Jubal]

I haven't yet seen the actual complaint that was filed yesterday, but my understanding is she has to prove she was domiciled there when shew registered to vote and when she filed to run -- but I'm checking on that.

[Soon we will know.....]

Jubal, Was Carol in court today or just her attorney?

[I wonder]

I wonder what she will use to actually show proof she lived in the home?

Does an electrical bill to the address count as proof? Very grey area

[redperegrine]

What was Mr. doing there? Hope he wasn't there on Company time.

[County Worker]

Carol Rudat wasn't there, although her husband Dave was....

Hope he wasn't being paid during his time down in court...I wasn't when I went

[Jubal]

RP:

I updated the post in response to your first question -- Rudat has to prove she was domiciled at the Orange bungalow when she registered to vote, when she filed to run and that she lives there still.

[Big Bucks]

Mr. Shore demurred that since he wasn't the Rudat's regular attorney

Doesn't that bother anybody else....why do you need a regular attorney.

[Rudats]

Someone should call the CEO's office and find out if Mr. Rudat was paid for his time in court. Guess neither Rudat knows how to conduct business in an ethical manner.

Wonder where Carol was? Perhaps moving stuff out of her Newport Beach home????

Funny, she causes the mess and Dave is the one in court today.

I bet he is giving Carol advice on how to clear her name - he seemed to have a big part of that with the "trash siutation" in orange. He did not come out clean in that situtaion and I do not think they will be clean in this one either.

Time for the Rudat family to move on from orange -- if it is not clear, they do not want you there.

[Andy Favor]

Just out of curiosity, what is it about Carol that has drawn everyone's ire? I understand the residency issue, but it seems like there is a history that I am not familiar with.