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ORIGINAL APP-002

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) FOR COURT USE ONLY
GARY G. KREEP, ESQ. (SEN 066482)
-LAW OFFICE OF GARY G. KREEP
932 D STREET, SUITE 2
RAMONA, CA 92065
TELEPHONE NO ( 7 6 0 ) 7 8 8 - 6 6 2 4 FAX NO (Optmnal) (760) 788-6414
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name) KEYES, DRAKE, AND ROBINSON
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
STREET ADDRESS 720 Ninth Street, Room 102
MAILING ADDRESS same as above
CITY AND ZIP CODE Sacramento, CA 95814-1380
BRANCH NAME GORDON D. SCHABER COURTHOUSE
PLAINTIFF/PETITIONER. KEYES, DRAKE, AND ROBINSON

DEFENDANT/RESPONDENT. BOWEN, OBAMA, BIDEN, ET AL.

CASE NUMBER

NOTICE OF APPEAL I I CROSS-APPEAL 34-2008-80000096-CU-WM


(UNLIMITED CIVIL CASE)

Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form
APP-001) before completing this form. This form must be filed in the superior court, not in the Court of Appeal.

NOTICE IS HEREBY GIVEN that (name) Petitioners


appeals from the following judgment or order in this case, which was entered on (date) 0 5 / 0 6 / 2 0 0 9
I | Judgment after jury trial
I | Judgment after court trial
[ I Default judgment
[ I Judgment after an order granting a summary judgment motion
I | Judgment of dismissal under Code of Civil Procedure sections 581d, 583 250, 583 360, or 583 430
I X I Judgment of dismissal after an order sustaining a demurrer
| | An order after judgment under Code of Civil Procedure section 904 1(a)(2)
| | An order of judgment under Code of Civil Procedure section 904 1(a)(3)-(13)
| | Other (describe and specify code section that authonzes this appeal)

For cross-appeals only


a Date notice of appeal was filed in original appeal
b Date superior court clerk mailed notice of original appeal
c Court of Appeal case number (if known)

Date 0 6 / 1 8 / 2 0 0 9

GARY G. KREEP
(TYPE OR PRINT NAME)

Pagile 1 of 2
Cal Rules of Court, rule 8 100
Form Approved for Optional Use NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE)
Judicial Council of California
APP-002 (Rev January 1,2007) (Appellate) Solu
APP-002
CASE NAME KEYES, ET A L . , v. BOWEN, ET AL. CASE NUMBER
34-2008-80000096-CU-WM

NOTICE TO PARTIES A copy of this document must be mailed or personally delivered to the other party or parties to this appeal A PARTY TO
THE APPEAL MAY NOT PERFORM THE MAILING OR DELIVERY HIMSELF OR HERSELF A person who is at least 18 years old and is not a
party to this appeal must complete the information below and mail (by first-class mail, postage prepaid) or personally deliver the front and back of
this document When the front and back of this document have been completed and a copy mailed or personally delivered, the original may then
be filed with the court.

PROOF OF SERVICE

I X I Mail I I Personal Service

1 At the time of service I was at least 18 years of age and not a party to this legal action.

2 My residence or business address is (specify):


932 D STREET, SUITE 2
RAMONA, CA 92065

3 I mailed or personally delivered a copy of the Notice of Appeal/Cross-Appeal (Unlimited Civil Case) as follows (complete either a or b)
a. I X I Mail. I am a resident of or employed in the county where the mailing occurred
(1) I enclosed a copy in an envelope and
(a) I X I deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid
(b) I I placed the envelope for collection and mailing on the date and at the place shown in items below, following
our ordinary business practices I am readily familiar with this business's practice for collecting and processing
correspondence for mailing On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with
postage fully prepaid
(2) The envelope was addressed and mailed as follows.
(a) Name of person served SEE ATTACHED LIST
(b) Address on envelope SEE ATTACHED LIST

(c) Date of mailing 06/18/2009


(d) Place of mailing (city and state) RAMONA, CA

b I I Personal delivery. I personally delivered a copy as follows


(1) Name of person served
(2) Address where delivered

(3) Date delivered.


(4) Time delivered

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct

Date 0 6 / 1 8 / 2 0 0 9

ELLIOT WILSON
(TYPE OR PRINT NAME) (SltitfATURE OF DECLARANT)

Page 2 of 2
APP-002 [Rev January 1, 2007] NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE)
(Appellate)
Keyes, et al. v. Bowen, et al.
Sacramento County Superior Court
Case No. 34-2008-80000096-CU-WM-GDS

LIST OF PARTIES SERVED

Fredric D. Woocher, Esq.


Strumwasser & Woocher, LLP
10940 Wilshire Blvd., Suite 2000
Los Angeles, CA 90024
Fax:(310)319-0156
[Atty for Barack Obama]

Edmund G. Brown, Jr.


Attorney General of State ofCA
Christopher E. Krueger, Sr., AAG
Jonathan K. Renner, Supervising DAG
Peter A. Krause, DAG
13 001 Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Fax:(916) 324-8835
[Atty for Secretary of State Debra Bowen & Electors]
r

\ EDMUND G. BROWN JR.


Attorney General of California
2 DOUGLAS WOODS
Acting Senior Assistant Attorney General
3 JONATHAN K. RENNER
Supervising Deputy Attorney General
4 PETERA.KRAUSE
Deputy Attorney General
5 State Bar No. 185098
1300 I Street, Suite 125
6 P.O. Box 944255 MAY -6^2009
Sacramento, CA 94244-2550
7 Telephone: (916)324-5328 By. L. Whitlield
Fax: (916) 324-8835 Deputy Cleft
8 E-mail: Peter.Krause@dcij.ca.gov
Attorneys for Defendant
9 Secretary of State Debra Bowen

IP
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA

If COUNTY OF SACRAMENTO

13
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15 Ambassador Dr. Alan Keyes; Dr. Wiley S. Drake, Sr.; Case No. 34-200880000096-
and Markham Robinson, CUWM-GDS
16
Petitioners, NOTICE OF ENTRY OF
17 JUDGMENT DISMISSING
v. FIRST AMENDED PETITION
18 FOR WRIT OF MANDATE
19 'California Secretary of State Debra Bowen; et al., Trial Date: None
Action Filed: November 13,2008
20 Respondents.
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Notice of Entry of Judgment Dismissing First Amended Petition for Wnt of Mandate
(34-200880000096-CUWM-GDS)
1 v NOTICE OF ENTRY OF JUDGMENT

2 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

3 NOTICE IS HEREBY GIVEN that on May 4,2009, the Court entered Judgment in
4 the above-entitled action. A true and correct copy of the Judgment is attached hereto as Exhibit

5 "A" and is incorporated herein by reference.

6
7 Dated: May 6,2009 Respectfully Submitted,
8 EDMUND G. BROWN JR.
Attorney General of California
9 DOUGLAS WOODS
Acting Senior Assistant Attorney General
10 JONATHAN K. RENNER
Supervising Deputy Attorney General
11
12
PETER A. KRAUSE
13 Deputy Attorney General
Attorneys for Defendant
14 Secretary of State Debra Bowen
15
SA2008306423
16 10468772.doc

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Notice of Entry of Judgment Dismissing First Amended Petition for Wnt of Mandate
(34-200880000096-CUWM-GDS)
EXHIBIT A
ECE1VEDX

I
2
3 FILED
'4 a
5
/

6
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 Case No. 34-2008-80000096-CU-
AMBASSADOR DR. ALAN KEYES; DR. WILEY WM-GDS
N
ll S. DRAKE, SR.; AND MARKHAM ROBINSON,
Assigned to the Honorable Michael
12 Petitioners, P. Kenny, Department 31
v.
13 JUDGMENT
CALIFORNIA SECRETARY OF STATE DEBRA DISMISSING FIRST AMENDED
14 BOWEN; SENATOR BARACK HUSSEIN PETITION FOR WRIT OF
OBAMA; SENATOR JOE BIDEN; CALIFORNIA MANDATE
15 DEMOCRATIC PARTY ELECTORS: ALE1TA
HUGUENIN, LOU PAULSON, IAN BLUE, MARK Date: March 13,2009
16 CIBULA, RICHARD HUNDRIESER, LAWRENCE Time: 9:00 a.m.
DUB01S, MARK FRIEDMAN, MARY HUBERT, Dept: 31
,17 FRED JACKSON, LEROY KING, ROBERTA
BROOKS, AUDREY GORDON, MICHAEL
18 MCNERNEY, NANCY PARRISH', JAMES
FARLEY, JOHN FREIDENRICH, JEREMY
19 NISHIHARA, JAIME ALVARDO, VINZ ROLLER,
GREGORY OLZACK, DAVID SANCHEZ,
20 LARRY SHEINGOLD, STEPHEN SMITH, MARK
MACARRO, NATHAN BROSTROM, ROBERT
21 "BOB" HANDY, ROBERT CONAWAY, GREG
WARNER, LANE SHE1HMAN, ILENE HUBER,
22 KENNETH SULZER, SANFORD WEINER, ANA
DELGADO MASCAREJNAS, JOE PEREZ, OWEN
23 MOORE, ANTHONY F£NDON, KAREN
WATERS, KELLEY WILLIS, SILISSA URIARTE-
24 SMITH, NORMA TOMES, ALMA MARQUEZ,
RAY CORDOVA, PATRICK KAHLER, AARUN1,
25 THAKUR, JOE BACA, JR., JUADINA
STALLINGS, BETTY MCMILLION, WILLIAM
26 AYER, GREGORY WILLENBORG, JAMES
YEDOR, BOBBY GLASER, MARY KEADLE,
2; FRANK SALAZAR, CHRISTINE YOUNG, SID
VOORAKKARA, AND DOES MOO,
28 Respondents.

JUDGMENT DISMISSING FIRST AMENDED WRIT PETITION (34-2008-80000096-CU-WM-GDS)


1 JUDGMENT
2 On March 13, 2009, at 9:00 a.m., the demurrers of respondents Secretary of
3 State Debra Bowen, President Barack Obama, Vice-President Joe Biden, and the
4 California Electors to the First Amended Petition for Writ of Mandate came on regularly
5 for hearing in department 31 of this Court, the Honorable Michael P. Kenny, judge
6 presiding. Peter A. Kraiuse appeared on behalf of respondent Secretary of State Debra
7 Bowen, Gary G. Kreep appeared on behalf of petitioners Ambassador Dr. Alan Keyes,
8 Dr. Wiley S. Drake, Sr, and Markham Robinson, and Michael J. Strumwasser and
9 Aimee Dudovitz appeared on behalf of respondents President Barack Obama, Vice
10 President Joe Biden, and the California Electors. The Court sustained Respondents'
11 demurrers without leave; to amend, and therefore:
12 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
13 1. That the First Amended Petition for Writ of Mandate is dismissed;
14 2. That respondent Secretary of State Debra Bowen shall recover costs in the
15 amount of $ pursuant to Government Code section 6103.5;
16 3. That respondent President Barack Obama shall recover costs in the amount
17 of$
4. That respondent Vice-President Joe Biden shall recover costs in the amount
19 of$ ;and
20 5. That respondent Joe Perez shall recover costs in the amount of
21 $
22
23 DATED: May V . 2009
24 CHAELP.KENNY
Ige of the Superior Court
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JUDGMENT DISMISSING FIRST AMENDED WRIT PETITION (34-2008-80000096-CU-WM-GDS )


. 2 .
1 Submitted by:
2 EDMUND G. BROWN JR.
Attorney General of the State of California
3 DOUGLAS WOODS
Acting Senior Assistant Attorney General
4 JONATHAN K. RENNEiR
Supervising Deputy Attorney General
• 5 PETER A. KRAUSE, Call. Bar No. 185098
Deputy Attorney General ' .
6 13001 Street, Suite 125
. P.O. Box 944255 »
7 Sacramento, CA 94244-2550v
Telephone: (916) 324-5328
8 Fax: (916) 324-8835
E-mail: peter.krause@doj.ca.gov
9 Attorneys for Respondent Secretary of State Debra Bowen
10 JOtttOIOwpd

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JUDGMENT DISMISSING FIRST AMENDED WRIT PETITION (34-2008-80000096-CU-WM-GDS)


3
DECLARATION OF SERVICE BY U.S. MAIL

Case Name: Ambassador Dr. Alan Keyes, et al. v. California Secretary of State, et al.
Sacramento County Superior Court No.: 34-200880000096-CUWM-GDS

I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter, I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service that same day in the ordinary course of business.
On Mav 1.2009.1 served the attached [PROPOSED] JUDGMENT DISMISSING FIRST
AMENDED PETITION FOR WRIT OF MANDATE by placing a true copy thereof enclosed in
a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the
Office of the Attorney General at 13001 Street, Suite 125, P.O. Box 944255, Sacramento, CA
94244-2550, addressed as follows:
OrtyTaitz '
26302 La Paz
Mission Viejo,CA 92691
Gary G. Kreep
Law Offices of Gary G. Kreep
932 "D" Street, Suite 2
Ramona, CA 92065

Michael J. Stnimwasser
Strumwasser & Woocher LLP
10940 Wilshire Boulevard, Suite 2000 . .
Los Angeles, CA 90024
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on May 1,2009, at Sacramento, California.
Scott De Medeiros
Declarant Signature
SAMUMM8
JOWSMI800C
DECLARATION OF SERVICE BY U.S. MAIL

Case Name: Ambassador Dr. Alan Keyes, et al. v. California Secretary of State, et al.
Sacramento County Superior Court No.: 34-200880000096-CUWM-GDS

I declare:

I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service that same day in the ordinary course of business.

On May 6.2009.1 served the attached NOTICE OF ENTRY OF JUDGMENT DISMISSING


FIRST AMENDED PETITION FOR WRIT OF MANDATE by placing a true copy thereof
enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection
system at the Office of the Attorney General at 13001 Street, Suite 125, P.O. Box 944255,
Sacramento, CA 94244-2550, addressed as follows:

Orly Taitz
26302 La Paz
Mission Viejo, CA 92691

Gary G. Kreep
Law Offices of Gary G. Kreep
932 "D" Street, Suite 2
Ramona, CA 92065

Michael J. Strumwasser
Strumwasser & Woocher LLP
10940 Wilshire Boulevard, Suite 2000
Los Angeles, CA 90024

I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on May 6,2009, at Sacramento, California.

Brenda Sanders
Declarant Signature
SA200830M23
30699418 doc