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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />STIPULATED JUDGMENT <br />The following Stipulated Judgment is entered into by and between Plaintiff Theresa Le <br />("Plaintiff'), and Defendants City of Santa Ana ("City") and Maria D. Huizar ("Huizar"), City of <br />Santa Ana Clerk of the Council ("Defendants" and together with Plaintiff, the "Parties"). <br />WHEREAS, Plaintiff is a registered voter in the City and a member of the Santa Ana Asian - <br />American community. As such, Plaintiff is a member of a protected class under the California <br />Voting Rights Act ("CVRA"), California Elections Code §§ 14205-14032. <br />WHEREAS, the City is an incorporated municipality situated within the County of Orange. <br />The City is governed by a City Council, which consists of six council members who are elected at - <br />large, and a mayor who is also elected at -large. The City is a charter city created for the provision <br />government services and is subject to the CVRA. Cal. Elec. Code § 14026(c). <br />WHEREAS, Defendant Huizar was sued in her official capacity as the City's Clerk of the <br />Council. The Clerk of the City Council is the local elections official in the City and coordinates <br />the Court of Orange to conduct municipal elections. <br />WHEREAS, on March 6, 2018, counsel for Plaintiff mailed a written notice to Defendant <br />Huizar, asserting that the City's at -large voting system violates the CVRA. The City did not <br />to Plaintiff s written notice within forty-five days, as provided in California Elections Code section <br />10010(e)(2). <br />WHEREAS, on April 25, 2018, Plaintiff filed the above -captioned lawsuit alleging that the <br />current at -large method of electing Council Members in the City violates the CVRA. <br />WHEREAS, on or around September 4, 2018, the Parties entered into a Settlement <br />Agreement that provided for a ballot measure to be submitted to the voters of the City during the <br />November 6, 2018 election to transition to a by -district election system from an at -large voting <br />system ("Ballot Measure"). In the event that a majority of the voters of the City failed to pass the <br />Ballot Measure, the Settlement Agreement permits the Plaintiff to file this Stipulated Judgment to be <br />entered as an Order of the Court. <br />WHEREAS, on November 6, 2018, the Ballot Measure failed to pass and was defeated. <br />[PROPOSED] STIPULATED JUDGMENT AND FINAL ORDER <br />