SAN DIEGO — A judge has ruled San Diego mayoral candidate Larry Turner can run for office, at least for now. Turner is accused of not actually living in San Diego, which would make him ineligible.
A hearing on the matter was held in a downtown courtroom on Tuesday. Both sides presented their arguments.
Ultimately though, Superior Court Judge James Mangione said since the primary election is only two weeks away, and ballots have already been sent out, there's not enough time to make a final decision on this case.
So, for now, Turner will remain on the ballot, with a trial date set for March 29.
“I think this is great. We're going to get a trial," said the plaintiff’s attorney, Bob Ottilie. "Mr. Turner didn't want a trial. He wanted to avoid an examination of the issues. Now there's gonna be a full examination. He's gonna have to testify under oath."
Turner is a retired Marine and San Diego Police officer. A lawsuit was filed against him earlier this month on behalf of a San Diego resident who claims a private investigator found evidence Turner is living in El Cajon, where he owns a home.
“I'm happy we're gonna get a chance to just proceed with the vote on March 5th, and I can go about campaigning again and I can go about doing what the people need and have my ears open to them and not have to be here in court,” said Turner.
According to the City Clerk, mayoral candidates must be a registered voter and resident in the city 30 days prior to the date they file their nomination.
Turner says he lives in Ocean Beach
Turner maintains he moved to San Diego in July and lives in Ocean Beach with his wife and two kids.
He alleges Mayor Gloria's office is behind this lawsuit.
“I was in the Marine Corps for 23 years away from San Diego, came back to San Diego eight years ago and been a San Diegan ever since. There was a short period of time where I resided outside San Diego, but it was way before this came up so I have been a resident of San Diego for far before the requirements for this and we'll get a chance to prove that,” said Turner.
Meanwhile, Ottilie said this suit has no ties to the mayor, adding it's all about ensuring this election is legitimate.
“He has spent the last week attacking the mayor saying he lives in Ocean Beach. Well, I had process servers trying to serve him in Ocean Beach and in El Cajon last week for three nights. I personally spent four nights at the Ocean Beach property. No one was there for the three nights we tried to serve. All three of his cars were in El Cajon. This is even when there was media attention. But, it's irrelevant where he was last week. The only thing that will be relevant at this trial is where was he domicile from November 7th to December 7th, and that can't be fixed by anything he's doing now,” said Ottilie.
Both sides will get a chance to prove their positions at that March 29 hearing.
If Turner does move on to the general election, but is later found to be ineligible, the candidate with the most votes behind him will take his place.
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