John Chiv: Rex Bohn has another potential challenger

Nov 14, 2023

Rex Bohn has another potential challenger

Gerald McGuire is the only candidate for the three Humboldt Supervisor positions in the 2024 election to have paid his filing fee and take out nomination papers.

Too bad it is the Fields Landing resident whose development permit was revoked by the Board of Supervisors. McGuire also lost an 2019 appeal about a judgment "dismissing his wrongful foreclosure action against Bob Lawton, Steven Sellers and Paul Byrer (Lenders) because he failed to bring his case to trial within five years after the action was commenced."

McGuire's name comes up in several cases in the local court system; there are two relevant to the County. One from 2016 against the Building Code Enforcement Unit which was dismissed due to lack of prosecution. One open case from 2023, a writ of mandate, in which he is represented by Mr. Michael Acosta. The next court date for that cade is 1/19/24.

The other challenger to First District Supervisor Rex Bohn is Gordon Clatworthy. Registrar of Voters and Clerk Recorder Juan Cervantes told me that Third District Supervisor Mike Wilson, Second District Supervisor Michelle Bushnell and Clatworthy have taken out paperwork for signatures in lieu but not submitted them. Rex, Gordon and Gerald have filed the 501 form.

Who filed and who took what out depends on who you talk to at the elections office. There are forms on the elections website. The mobile version does not lists all the forms but the desktop version does, County IT is aware of the issue but has not fixed it. All the elections staff is knowledgeable but it is a matter of who has the most updated information which can change minutes and hours after I post. I update and clarify if I have questions from previous posts but it would be helpful if County IT would fix the discrepancies between the mobile and desktop versions because several readers have contacted me.

The elections staff has been busy with the November 2023 election, the upcoming primary on March 2024 and recently attended a conference.

Appeal:

"Gerald McGuire appeals from a judgment dismissing his wrongful foreclosure action against Bob Lawton, Steven Sellers and Paul Byrer (Lenders) because he failed to bring his case to trial within five years after the action was commenced. (Civ. Proc. Code § 583.310.) McGuire contends the trial court miscalculated the five-year period by refusing to exclude time when he was represented by an attorney who allegedly failed to prosecute his case. According to McGuire, during that period of time, "[b]ringing the action to trial . . . was impossible, impracticable, or futile." (§ 583.340 subd. (c).) We reject this contention and affirm the judgment."

For entire text and ruling, https://casetext.com/case/mcguire-v-lawton

Humboldt Superior Court: