The Superior Court of California held a court hearing regarding a petition for writ of mandate against Irvine City Clerk Carl Peterson and City of Irvine Registrar of Voters Bob Page to challenge former Irvine Councilwoman Tammy Kim’s residency eligibility to run in the District 5 Special Election on Feb. 6. The petition for writ of mandate was filed by Bell, McAndrews & Hiltachk and LLP Attorney Brian Hildreth, representing 2024 Irvine mayoral candidate Ron Scolesdang. Judge Craig Griffin adjourned the court after hearing arguments from both sides, to which Kim withdrew from the District 5 race shortly before Griffin issued a ruling on Feb. 7.
During the hearing, the two parties went back and forth on Kim’s proof of residence and “intention to remain there.” In the petition, Scolesdang requested Page to “void and cancel” Kim’s District 5 voter registration and requested Peterson to remove Kim off the ballot for the upcoming District 5 Special Election. Neither Scolesdang or Kim were present at the hearing. The case is now moot due to Kim’s dropping out.
“My decision to withdraw was not due to the baseless legal challenge. I was fully eligible to run. Having moved to Woodbridge, I met the residency requirements for the seat,” Kim said in a press release following her withdrawal. “We are in an era where corporate interests, armed with deep pockets, seek to influence our elections through any means necessary. They have launched a misinformation campaign and have weaponized our justice system to target me and drain my financial resources.”
Kim cited her withdrawal as an action of settlement, after alleging that affiliates of the petitioner, Scolesdang, attempted to settle the dispute by requesting Kim to sign an affidavit. This included statements of support for former Irvine Vice Mayor and Republican District 5 candidate Anthony Kuo along with “non-disparagement clauses” to prevent criticism of Scolesdang, concert promoter Live Nation and Republican Party of Orange County-affiliated Irvine Vice Mayor and District 3 Council Member James Mai, according to Kim.
The legal dispute arose following the 2024 Mayoral Election, where former District 5 Councilmember Larry Argan defeated both Kim and Scolesdang, creating a vacancy in the seat. Following her loss, Kim declared her campaign to run for the now-vacant District 5 seat in December 2024. District 5 includes the Irvine neighborhoods of University Park, Woodbridge, Rancho San Joaquin and Westpark.
Scolesdang’s petition alleged that Kim’s illegibility as a candidate in the District 5 Special Election fell under Section 401 of the Irvine City Charter, which states that “no person shall be eligible to hold the office of Council Member unless they are a legally registered voter and resident of their respective District.” Scolesdang further accused Kim of falsely registering as a District 5 resident, voting there and improperly attempting to run in a District 5 election.
Hildreth argued that the burden of proof was on Kim to demonstrate her residency in District 5. Kim’s attorney, Brett Murdock, cited California Elections Code 13313 and 13314 in stating that the burden of proof should be with the petitioner to “provide clear and convincing proof” that Kim falsely reported her residency and has failed to do so.
“Tammy Kim gives the court no evidence that demonstrates her residency in District 5,” Hildreth said during the hearing.
To support his case, Scolesdang submitted a declaration by private investigator Mark Matthews, who was hired by Scolesdang to investigate Kim’s residency. Matthews suggested in his report that Kim has a strong presence in District 3 since he witnessed her unloading groceries and receiving parcels addressed to her there.
Murdock dismissed Matthews’ findings as speculative, suggesting the investigator might have intentionally chosen times when Kim appeared in District 3. Murdock also pointed out that Matthews’ report said “This investigation has not been able to determine if Tammy Kim actually resides in [District 5 address].”
In her own declaration, Kim mentioned that her presence at a District 3 residence was due to visits to her adult son, Christian Shin, who resides in the District 3 address under investigation. Kim stated that her sublease agreement for the District 5 residence, dated Jan. 10, and her driver’s license with the same address corroborated her residency in District 5.
Kim did not appear for a scheduled interview with New University. Scolesdang’s legal team did not respond to interview requests.
On Chi Antony He is a News Intern for the winter 2025 quarter. He can be reached onchi@uci.edu.
