SAN DIEGO (KGTV) – A lawsuit challenging San Diego mayoral candidate Larry Turner’s residential status in the city is expected to be dropped.
A lawsuit filed in February by Helen VanDiver against the City of San Diego, the City Clerk, and the County Registrar of Voters alleged Turner did not meet residential requirements to run for mayor of San Diego. At the time, the plaintiff’s attorney said there was evidence that Turner did not reside in Ocean Beach and was living in El Cajon.
A spokesperson for Turner confirmed with ABC 10News that a “Request For Dismissal” was filed by the plaintiff’s attorney in a San Diego court on Thursday.
Prior to the request to have it dismissed, the lawsuit was set to enter the trial phase in late March.
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Bob Ottolie, the attorney representing VanDiver, said she and her family were getting harassed to a point where the lawsuit was not worth pursuing anymore.
In a statement sent to ABC 10news, Ottolie said:
"Since the filing of the lawsuit, my client has been subjected to personal attacks challenging both her integrity and motives. Her son, who has nothing to do with the lawsuit, has been attacked as well. What should have been an opportunity to try this case on the merits last week, has been turned into what is anticipated to be a month-long political spectacle. My client is unwilling to subject herself or her family to any further harassment.
If I was Mr. Turner, I would not be running victory lap. If an individual is not qualified to run for office that never goes away, and what he needs to do is present the proof to show that he actually lived in San Diego when he was supposed to, and if he can't, he should voluntarily leave the race."
Ottolie added that these issues with Turner can be raised at any time between now and November.
When the suit was filed, Turner -- a San Diego police officer and retired Marine -- called the legal action a political attack.
During a recent interview with ABC 10News, he said the lawsuit was "phony" and "political shenanigans."
Turner said, "It didn't work. They spent about $1 million now to try to take me out of the race in November, because they did a poll, spent over $200,000 on it, and found out that I was gonna beat them in November. So, here we are now, and it's going to be me and the mayor in November."
ABC 10News reporter Dani Miskell asked Turner what his response was to the alleged harassment VanDiver has faced over the lawsuit.
Turner said, "Well, if that’s true, I would like her to file a police report and I’d be more than happy to help with that, because that’s the kind of stuff we don’t stand for in San Diego and I would love to catch people."
Turner finished second behind incumbent Mayor Todd Gloria in the March 5 primary election. Turner received 24% of the vote to Gloria’s 51%.
If the case is officially dismissed, Turner will likely advance to the November general election.
Gloria's campaign manager, Sarah Alemany, told ABC 10News, "The mayor has no opinion on this matter -- nor has he ever. The mayor has been clear that it does not matter who he faces in the general as he remains focused on running the city."
