The Court of Appeal of the State of California, Fourth Appellate District, Division Three has issued a ruling in Taitz v. Obama, just days after Taitz made an oral argument before a three-judge panel, opposed by three empty chairs representing Barack Obama, and Senate candidates Diane Feinstein and Elizabeth Emken. The Court affirmed the earlier dismissal of the suit by Orange County Superior Court.
Taitz had sued to prevent the results of the 2012 primary election from being certified, alleging that Obama was not eligible and that there was massive election fraud in the US Senate race where Feinstein was re-elected. This is the case where Occidental College won a $4,000 assessment of costs (also appealed) from Taitz over an improper subpoena. So why did Taitz lose the appeal?
Let me count the ways…
The essential flaw in Taitz’ original case was that she filed it in the wrong court, a court that lacked jurisdiction under California Law to hear election challenges. That alone doomed the appeal. Taitz argued that if was the wrong court, then the court should have transferred the case to the correct court, rather than dismissing it. Taitz cited a statute that does not apply in support her assertion that there should have been a transfer. Both errors are examples of sloppy procedure on the part of Taitz
Next, even if Taitz had filed in the correct court, she filed too late for the court to do anything about her complaint. The Court of Appeals addressed this point in detail, pointing out the statutory time requirements.
Further, even if she had filed on time, and in the right court, her notice of appeal was untimely because the statute only allows a delay of 10 days after the superior court rules on an election challenge.
She filed motions that are not allowed by law, and she didn’t file the required contest of the general election. Taitz prosecution of her case was a joke.
Finally, her appeal was totally botched in that she provided reams of rubbish about Obama, but failed to provide copies of transcripts and lower court orders which are the fundamental paperwork that must be filed with an appeal.
Taitz never learns.