Mayoral candidate refutes lawsuit claiming he doesn’t live in San Diego: Who is behind the suit?

SAN DIEGO (FOX 5/KUSI) — A lawsuit claims mayoral candidate Larry Turner, a retired U.S. Marine and San Diego Police officer, does not live in San Diego. And as a result, should not be eligible to run for mayor.

Turner, however, is refuting those claims.

A 61-page lawsuit — filed by attorney Bob Ottilie — and accompanying declaration from a private investigator claims Turner’s primary address is not in the City of San Diego, and that he has not lived at the addresses he had used to register to vote in 2023.

In an interview Thursday, FOX 5’s Zara Barker asked Turner, “Where do you live?” Turner replied, “I live currently in San Diego, in Ocean Beach.”

Suspected Valentine’s Day prowler arrested in College Area

He went on to say, “My stuff is in OB, that’s where I live.”

Voter registrations in the lawsuit show Turner changed his voter registration from El Cajon to a home in the East Village on July 10, 2023. Then, the voter registration address was changed from the East Village address to a home in Ocean Beach on Nov. 23, 2023.

Turner said Thursday he has a property in El Cajon, lived shortly in the East Village, and now resides in Ocean Beach. But that statement is challenged in the lawsuit, which has a lengthy investigation from a private investigator.

According to the City Clerk, mayoral candidates must be a registered voter and resident in the city 30 days prior to the date they file their nomination.

The lawsuit provides a “statement and affidavit of nominee,” signed by Turner under penalty of perjury. The statement reads:

“Under penalty of perjury I, Larry Edgar Turner Jr, say that I reside at xxxxxx {redacted} in the city of San Diego, County of San Diego, State of California; that I am a resident and registered voter of the political district for which I seek nomination and shall have been such “for at least thirty days immediately preceding the submittal of my nomination petition for filling….”

Turner signed the document on Dec. 1, 2023. According to voter records, 30 days prior to that is when he was reportedly living in the East Village. But, the private investigator claims the following in the lawsuit:

City leader to propose crack down on loud noise from pedicabs

“Based on publicly available evidence and evidence available to a licensed private investigator, there is literally no evidence I have located in multiple searched from multiple sources that is evidence of an association by Mr. Turner or his family with xxxx (East Village address, redacted) from July 10, 2023 through November 23, 2023.”

“All available evidence, and let me emphasize all, that is available publicly or to a private investigator, shows no hits for Mr. Turner in the City of San Diego,” attorney Ottilie said. “I mean as recently as last night, he couldn’t be found in Ocean Beach, but his car and lights were on in El Cajon.”

Ottilie’s lawsuit claims that Turner has not been validly registered at either of the San Diego addresses, because he claims he never lived there.

The declaration claims there is not any utility records in San Diego for Turner, and no record of a U.S. Postal Service change of address or mail forwarding to either San Diego address. Plus, the investigator claimed to watch Turner’s El Cajon address, noticing his vehicles there on Jan. 4, 2024. Again seeing Turner leave the same home on Jan. 5, 2024.

“They’ve had a private I (investigator) following around my 1 year old, 2 year old and my wife — yeah really good use of money,” Turner said.

“I have all the evidence that I have lived where I said I lived. I have the letters from the people that I’ve said are my neighbors. I’ve got a lease. I’ve got checks,” Turner added.

Ocean Beach Address

Turner said he moved into the Ocean Beach address at the end of November/early December. He changed his voter registration to this address on Nov. 23, 2023. Turner said he currently resides here with his family.

New affordable housing coming to Rancho Bernardo

El Cajon Address

According to the lawsuit’s declaration from the investigator, Turner’s last known residence from the databases used by the private investigator is the home in El Cajon, which him and his wife own. This is the home where the private investigator said he saw Turner.

East Village Address

Turner changes his voting registration from the El Cajon address to the East Village address on July 10, 2023.

According to the lawsuit, this address was listed as the campaign headquarters in Turner’s “candidate’s supplemental information sheet.” The East Village address is a two-bedroom, two-bathroom 970-square-foot condominium that is not owned by Turner, and was last sold in 2019. The owner of the condo is listed as Turner’s campaign manager.

Who is suing?

The woman’s name is Helen Michelle Vandiver. When the attorney was asked who she was, Ottilie said she was a concerned San Diego resident.

FOX 5’s Zara Barker asked Ottilie, “Who is your client Helen VanDiver and why is she suing?” His response was, “Helen is a resident of San Diego, clearly, registered to vote legally, and she cares about the integrity of our election and she asked me to bring this case.”

Exclusive interview: Chief of Naval Operations visits San Diego sailors

“I don’t know who she is, I would venture to guess she has some connections to the mayor and his PAC’s,” Turner said.

“I am not involved with any of the candidates in this race, I’m not involved. He (Turner) keeps attacking the mayor — I’ve never — I have no idea that the mayor even is aware of this case. The mayor is not involved in this case. This is a case brought by someone who just lives out in the neighborhood and cares about San Diego, as I do,” Ottilie said.

What Happens Next?

The lawsuit is set to be heard in court Tuesday morning. Turner said he plans to turnover evidence to refute the lawsuit.

Ottilie said if the case moves forward, he would plan to ask the court to not count or certify votes for Turner, if the case prevails. That would only be if the case moves forward.

“It’s too late to change the ballot, because we just learned of this, but we moved promptly as soon as we did. These cases have to get resolved before the election,” Ottilie said.

The primary election is set for March 5.

For the latest news, weather, sports, and streaming video, head to FOX 5 San Diego & KUSI News.