The primary election is Tuesday. But, two candidates for mayor of Sacramento are claiming victory in court.
Angelique Ashby filed a lawsuit last month to block Darrell Steinberg from using money he transferred from a lieutenant governor campaign account to his mayoral campaign.
Even though a judge declined to issue the injunction, Ashby's attorney says the suit was a success. Andy Rockas says Steinberg avoided the possibility of an injunction by taking the option out of the judge's hands.
"...a declaration on file, signed by Darrell Steinberg under penalty of perjury promised -in response to our moving papers -the Angelique Ashby campaign- that he was not going to use any of the $220,000 that had been identified by my client as wrongfully transferred," says Rockas.
Steinberg promised he wouldn't use the money before the June 7 primary.
Jason Kinney is with the Steinberg campaign.
"The law's on our side. The precedent's on our side," says Kinney. "And by the way, even if none of those things were true, this is all pointless because they're fighting over a pot of money that was never going to be spent before the election."
The judge did not rule if the money raised for the statewide race can be used in a local election.
Ashby's campaign has not ruled out going to court again to block Steinberg from using the money for the general election campaign.
The two candidates could face each other in November if they are the leading vote-getters on Tuesday and neither receives 50 percent of the vote.