Case 2:10-cv-02216-FCD-DAD Document 10 Filed 09/07/10 Page 1 of 5

1 Brian T. Hildreth (SBN214131)

Bell, McAndrews, & Hiltachk, LLP
2 455 Capitol Mall, Suite 801
Sacramento, CA 95814
3 Telephone: (916) 442-7757
Facsimile: (916) 442-7759
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Attorneys for Defendant,
5 DAMON JERRELL DUNN
6

8 IN THE UNITED STATES DISTRICT COURT FOR THE

9 EASTERN DISTRICT OF CALIFORNIA
10 SACRAMENTO DIVISION
11

12 PAMELA BARNETT, Case No. 2:10-cv-02216-FCD-DAD

13 Plaintiff, JOINDER BY DEFENDANT DAMON
JERRELL DUNN TO DEFENDANTS’
14 v. ATTORNEY GENERAL AND
SECRETARY OF STATE MOTION TO
15 DAMON JERRELL DUNN, ET AL. DISMISS, PARTS IV (A) AND (B), AND
PART VII.
16 Defendants.
Date: November 10, 2010
17 Time: 10:00 a.m.
Courtroom: 2
18 Judge: Hon. Frank C. Damrell
Trial Date: None
19 Action Filed: May 10, 2010
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Joinder by Defendant Damon Jerrell Dunn to Defendants’ Motion to Dismiss

 Case 2:10-cv-02216-FCD-DAD Document 10 Filed 09/07/10 Page 2 of 5

1 TO THIS HONORABLE COURT AND PAMELA BARNETT, IN PRO PER:

2 PLEASE TAKE NOTICE THAT Defendant DAMON JERRELL DUNN joins
3 Defendants ATTORNEY GENERAL and SECRETARY OF STATE in their Motion to Dismiss
4 Plaintiff’s First Amended Complaint, and in particular Parts IV (A) and (B), and Part VII therein.
5 The Motion to Dismiss by Defendants Attorney General and Secretary of State is made, in
6 part, on the grounds that Plaintiff Barnett has failed to state a claim for relief because Defendant
7 Dunn satisfied the eligibility requirements to run for the Office of Secretary of State and is not
8 disqualified by any purported omission on his voter registration form. Defendants argue that in
9 fact Defendant Dunn has met all the procedural and statutory requirements to seek the office of
10 California Secretary of State at the November 2, 2010 Statewide General Election.
11 MEMORANDUM OF POINTS AND AUTHORITIES
12 Defendant Dunn joins the arguments set forth in the moving papers of Defendants
13 Attorney General and Secretary of State, and in particular Parts IV (A) and (B), and Part VII
14 therein.
15 As shown in the moving papers, all Defendants are entitled to judgment in their favor on
16 the grounds that Plaintiff fails to state claims for relief upon which relief may be granted. In
17 particular, Plaintiff fails to state claims for relief because Defendant Dunn has met all the
18 procedural and statutory requirements to seek the office of California Secretary of State at the
19 November 2, 2010 Statewide General Election. Accordingly, Plaintiff’s action must be dismissed
20 with prejudice.
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Joinder by Defendant Damon Jerrell Dunn to Defendants’ Motion to Dismiss
 Case 2:10-cv-02216-FCD-DAD Document 10 Filed 09/07/10 Page 3 of 5

1 CONCLUSION
2 Defendant Dunn joins the Motion to Dismiss of Defendants Attorney General and
3 Secretary of State, Parts IV (A) and (B), and Part VII therein. In doing so, Defendant Dunn
4 requests the Court grant the Motion to Dismiss.
5 Dated: September 7, 2010 Respectfully submitted,
6
BELL, McANDREWS & HILTACK, LLP
7
By: /s/ Brian T. Hildreth
8 BRIAN T. HILDRETH
Attorney for Defendant
9 DAMON JERRELL DUNN

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Joinder by Defendant Damon Jerrell Dunn to Defendants’ Motion to Dismiss
 Case 2:10-cv-02216-FCD-DAD Document 10 Filed 09/07/10 Page 4 of 5

1 PROOF OF SERVICE
2 I, the undersigned, declare under penalty of perjury that:
3 I am a citizen of the United States, over the age of 18, and not a party to the within cause
of action. My business address is 455 Capitol Mall, Suite 801, Sacramento, CA 95814.
4
On September 7, 2010, I served the following:
5
• JOINDER BY DEFENDANT DAMON JERRELL DUNN TO DEFENDANTS’
6 ATTORNEY GENERAL AND SECRETARY OF STATE MOTION TO DISMISS,
PARTS IV (A) AND (B), AND PART VII.
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on the following party(ies) in said action:
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Pamela Barnett Plaintiff
9 2541 Warrego Way IN PRO PER
Sacramento, CA 95826
10 Telephone: (415) 846-7170
Facsimile: (866) 908-2252
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Edmund G. Brown Attorney for Defendants
12 Attorney General of California EDMUND G. BROWN JR, Attorney General,
Stephen C. Acquisto and DEBRA BOWEN, Secretary of State
13 Supervising Deputy Attorney General
Anthony P. O’Brien
14 Deputy Attorney General
1300 I Street, Suite 125
15 P.O. Box 944255
Sacramento, CA 94244-2550
16 Telephone (916) 323-6879
Facsimile: (916) 324-8835
17 Email: Anthony.O’Brien@doj.ca.gov
18 Nicholas S. Crisos Attorneys for Defendant
Wendy J. Phillips ORANGE COUNTY REGISTRAR OF
19 Orange County Counsel VOTERS, NEAL KELLY
333 West Santa Ana Blv., Suite 407
20 Santa Ana, CA 92702-1379
Telephone: (714) 834-6298
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Benjamin B. Wagner Attorneys for Federal Defendant
22 United States Attorney U.S. ELECTION ASSISTANCE
YOSHINOTI H. T. HIMEL COMMISSION
23 Assistant US Attorney
501 I Street, Suite 10-100
24 Sacramento, CA 95814
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Proof of Service - Joinder by Defendant Damon Jerrell Dunn to Defendants’ Motion to Dismiss
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X BY U.S. MAIL: By placing said document(s) in a sealed envelope and depositing said
2 envelope, with postage thereon fully prepaid, in the United States Postal Service mailbox
in Sacramento, California, addressed to said party(ies), in the ordinary course of business.
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I am aware that on motion of the party served, service is presumed invalid if postal
4 cancellation date or postage meter date is more than one day after date of deposit for
mailing in affidavit.
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I declare under penalty of perjury under the laws of the State of California that the
6 foregoing is true and correct, and that this declaration was executed on September 7, 2010 at
Sacramento, California.
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8 /s/ Shannon Diaz

SHANNON DIAZ
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Proof of Service - Joinder by Defendant Damon Jerrell Dunn to Defendants’ Motion to Dismiss