Court Backs Dismissal of Suit Against Delgadillo

An appeals court Friday upheld the dismissal of a lawsuit by Deputy Dist. Atty. Lea Purwin D’Agostino that had accused City Atty. Rocky Delgadillo of not being qualified to hold office.

The U.S. 9th Circuit Court of Appeals agreed with a federal judge who had previously found that D’Agostino, who placed third in the 2001 city attorney’s race, failed to show that she was deprived of due process rights.

D’Agostino alleged that Delgadillo did not meet the legal requirements to be city attorney because he had allowed his membership in the State Bar of California to lapse before the election.