San Jose City Councilmembers and Civil Harassment Lawsuits

 

Within a span of little over 6 months, TROs (Temporary Restraining Order) filed through the SJ City Attorney’s Office for Councilmember Peter Ortiz and by the SJ City Attorney’s Office on behalf of Councilmember Bien Doan appeared in the news for public peruse and debate.  The civil harassment  lawsuits were against constituents who expressed strong statements against the councilmembers.  It is quite rare for elected officials to file harassment lawsuits against public/press criticism and rhetoric. 

Coincidentally, both of the TROs were approved by Judge Johanna Thai Van Dat of Santa Clara County Superior Court and subsequently struck down by Judge Eric Geffon. 

Peter Ortiz vs. Robert Saenz

In a Dec 2023 court filing, Peter Ortiz claimed Robert Saenz, a local blogger (East Side San Jose Times), harassed him with defamatory statements against his support of LGBTQ issues.  Ortiz claimed that the harassment caused him to be in fear of possible violence from right-wing extremists which might lead to physical harm to him and his girlfriend.   Judge Geffon dismissed the case in April 2024 citing that the harassment is nothing more than political speech protected by the First Amendment on a topic of public interest.  Furthermore, there was no evidence that Saenz’s statements constituted threats of anything other than political consequences.

As reported by the Davis Vanguard News, Saenz said: “Peter Ortiz misused his power and disrespected those who put him in office by trying to silence criticism from San Jose’s East Side community”

Bien Doan vs. Hai Huynh

The civil harassment lawsuit of Bien Doan vs. Hai Huynh was filed in March 2024 with SJC Councilmember Doan requesting a temporary restraining order prohibiting 300 yards of distance. Doan alleged that Huynh had threatened him on three different occasions and caused him to fear for himself and his parents.   He alleged that Huynh is a gangster, and his associates are known to commit violent crimes.  In the July 2024 two day court hearing in front of Judge Eric Geffon for a permanent restraining order, SJC Deputy Attorney Maren Clouse representing Doan and Huynh’s legal defense team of Minh Steven DoVan, Patrick J. Evans and Michael Luu tried to convince the court of their side of the story.  

He Said, She Said Incidents?

To establish a credible threat to be granted a permanent restraining order, Doan tried to show the court the recurring threats received and how they had jeopardized his safety.  His claim of three incidents were rebuked by Huynh’s legal defense team that they did not occur and had they happened, it would have been politically speech in nature.   On the first day of the hearing, Doan tried to paint the picture that Huynh is a criminal because of a criminal indictment (which was later dropped) while working for Bay 101 Casino more than 25 years ago. Doan also testified that Huynh in the past also had threatened Bryan Do, a campaign supporter advising Mayor Matt Mahan during the 2022 San Jose mayoral race, and June Tran, owner of Crema Café, also a strong supporter of Mahan.

12/18/2022 Phone Call

A December phone call between him and Huynh occurred where Huynh allegedly said in Vietnamese:” Don’t mess with my brother.”   The term was perceived to him as a threat.  Huynh showed cell phone records where no calls were made or received.  Doan did not show any evidence of any existing phone calls.

 Huynh however recalled a conversation with Doan on June 30, 2022, where Phuong (Peter) Nguyen, an aide to State Senator Dave Cortese, asked him to speak to Doan.  Phuong (Peter) told Doan that he had evidence that Doan might violate campaign finance law and he would expose him.  Doan threatened to sue Phuong (Peter) for libel at which Phuong was afraid and asked Huynh to help settle the dispute. 

9/12/2023 Paloma Café Meeting

According to the complaint, a September meeting was set up by David Duong, CEO of California Waste Solutions, at Paloma Café.  Doan alleged that Huynh told him in Vietnamese, “You better be afraid of me.”  Doan testified in court that he understood the statement to mean that he could or would cause Doan physical harm

David Duong was subpoenaed by the City as their star witness.   He testified that he had not talked to Huynh for over 8 years, but texted Huynh 3 times in September to arrange a meeting to discuss Huynh’s writing in an email group that his community organization, Vietnamese American Business Association ((VABA), has a close tie with the Vietnamese communist government.   He said they resolved their differences at the meeting and subsequently texted Doan to join them for he wanted to make peace between the two.  Doan and Huynh met and talked briefly at his behest, but he did not listen to the conversation since he had to step outside to take a phone call. 

When asked about Huynh’s reputation by City Attorney Clouse, he said Huynh is known as a “Godfather” figure for his criminal reputation.  When asked if he is afraid of Huynh, Duong laughed and said: “… everybody is afraid of Hai Huynh in the community except me because I am richer”

Huynh’s defense showed the meeting never took place on that date and even if it did, Huynh never said those words.  However, Huynh testified that he had text messages from Duong asking for a meeting on  June 30, 2023.  Duong took Doan with him and met with Huynh for over 40 minutes at Paloma Café but again no threatening language was used, according to Huynh. 

As a side note, David Duong and his son, Andy Duong,  are being investigated by the FBI, IRS and US Postal Services for possible illegal political campaign contributions. A grand jury has been convened to look at possible criminal charges based on documents and information obtained from a recent raid by search warrant of his house, his son’s house, and California Waste Solutions headquarters.  To further the legal drama,  Duong has recently filed a defamation lawsuit against Huynh for calling him a communist lackey.  The anti-SLAPP motion to dismiss the case will be heard on August 6 at Santa Clara County Superior Court.

Sept 2023 Flag- Raising Ceremony

Doan claimed that Huynh confronted him at a flag-raising ceremony in the Vietnamese Heritage Garden, San Jose, with finger-pointing and yelling at him. The video obtained showed no such confrontation.  The testimony from the ceremony organizer, Trieu Ha,  and one of the attendees, county supervisor candidate Betty Duong, also collaborated there was no such incident.

To support the unsubstantiated story, City Attorney Clouse subpoenaed Tara Dang as a last-minute rebuttal witness.  Dang is an aide to Mayor Matt Mahan who was at the ceremony with the mayor.  She claimed to have witnessed a heated argument between Doan and Huynh.  She could not hear the two men because she was too far away and also was in the process of leaving.

“No Sufficient Evidence to Sustain the Proof”

It took about 15 minutes for Judge Geffon to reach his decision of not granting the permanent restraining order.  He stated he did not believe that Huynh is a gangster as being portraited, especially with all the business licenses Huynh has (Real estate broker, tax prepare services, and bail bond).  He emphasized two things that helped his conclusion that the petition (Doan) was not in danger of physical threats and his safety was not jeopardized to warrant a restraining order.   

First, the texting between the petition and respondent on June 18, 2023, where Huynh told Doan not to tell people incorrectly that Huynh is a convicted criminal, if continues, he will sue for defamation.  And Doan responded: “I will advise the City Attorney and SJPD of your threats.” 

 The judge pointed out that this was almost 7 months after the alleged threat of “Don’t mess with my brother” which caused Doan to be in fear of his life.  Along with Doan attending a Feb 2024 campaign fundraising event for Betty Duong that Huynh organized and both sitting at the same table cordially, Judge Geffon concluded: “This is not a person who is walking fear of someone”

The second thing Judge Geffon noted: “One thing that stood out during the testimony was Mr. David Duong’s statement that everybody is afraid of Hai Huynh except me because I am richer.” This comment helped change the context of the alleged threats by Huynh.   To him, David Duong meant that people are perceived to be afraid of Huynh because of the wealthy businessman image he conveys and the political power that comes with it. Thus, whatever the alleged threatening comments by Huynh to Doan, if they happened, “… is not a threat to do bodily harm, a person would not show their wealthy side if they intend to physically harm someone”.  

 Anti-Communist Sentiment and Divided Politics

Huynh’s defense team tried to paint the alleged incidents have their roots in anti-communist political discourse between Doan, David Duong, and Huynh. 

Attorney Minh Steven Dovan spoke about the anti-communist sentiment in the community and how Huynh called out David Duong and his community group VABA for their close working relationship with the communist government.  The conspiracy Dovan tried to bring up but could not articulate because Judge Geffon did not allow it since he did not see the relevance to the restraining order hearing - Councilmember Doan is close to David Duong, which makes the anti-communist activists perceive him as a pro-Communist. The community does not like an elected official to be pro-Communist, especially one of their own.  This lawsuit is about silencing Huynh and his anti-communist rhetoric.  The strong support for such a claim was heightened when David Duong took a stand as the star witness against Huynh.

Huynh gave a short interview to San Jose Spotlight right after the hearing, he said: “I’m very happy. This is the right ruling. People tried to silence me because I tried to expose pro-Communists and pay-to-play in the city of San Jose for a long time.” 

San Jose Spotlight also reported that Doan declined their interview request.

Epilogue

The Vietnamese-American community in San Jose is active politically in their anti-communist stand and the vocal community activists are staunch anti-communist in their rhetoric.  Most elected officials are aware of such sentiment and trying to play to this by promoting the former Republic of Vietnam flag and declaring resolutions of not associating with the communist government.  David Duong in the last 15 years has been a thorn to the anti-communist activists for flaunting in the media his relationships with paramount communist leaders. The paradox of course is that Duong supported so many Vietnamese-American elected officials with generous campaign donations that in many ways, he is politically influential and considered a kingmaker in the community with his connections and lavish spending on politicians.

Attorney Dovan lamented in his closing statement that the Viet community is not united. He declared: “That is a fact” and the lawsuit is a microcosm of the ongoing division among members of the community, specifically the older generation who were in their 20s and 30s during the Vietnam War, on the anti-communist issue.

Even though the court hearing was only attended by a dozen people, one of the attendees who did not want their name disclosed noted poignantly: “The crux of the trial is more about political speech and the First Amendment from being abused and silent”.

Ao Dai Festival VI, May 18, 2024

 

Scuffle Between Mayor Mahan's Security Detail and Pedestrian

The unfortunate incidence on April 24, 202 reminded some of our readers the Rodney King's famous plea as racial strife and violence overran part of LA  City after the verdict of the OJ Simpson murder trial: " I just want to say, you know, can we all get along?"  

https://www.kron4.com/news/bay-area/video-physical-altercation-breaks-out-between-san-jose-mayors-security-detail-pedestrian-during-kron4-interview/

Mayor Mahan’s office issued the following statement regarding the incident:

“Mayor Matt Mahan is deeply grateful to his security detail and the entire San Jose Police Department. The actions of the Officer tonight were heroic and a testament to the deescalation training that makes our officers effective, compassionate and stewards of community trust. His thoughts are with the Officer and he hopes for a speedy recovery. The Mayor understands how privileged he is to have an armed officer protecting him at all times, and is resolved in his commitment to create a safer city for everyone. That means hiring more police officers and addressing the root causes of crime, including by intervening earlier and more effectively in cycles of addiction, mental illness and violence.”

Reverend Jethroe Moore  II writing to the interim SJPD Chief Paul Jospheph as he posted / released to media outlets right after the incident on April 24, 2024.  He is currently serving as president of the San Jose Silicon Valley NAACP.

Dear Chief Paul Joseph,

I am writing to you with deep concern regarding an incident that took place yesterday involving a physical altercation between the San Jose mayor’s security detail and a pedestrian. As the President of the San Jose Silicon Valley NAACP, I feel compelled to address this issue and share my perspectives on the matter.

Upon viewing the video of the incident, I was troubled by the rapid escalation of the situation into a physical altercation. It was distressing to witness the lack of attempts at de-escalation from the officers involved, and I believe this raises questions about the adequacy of their de-escalation training. In any situation where conflicts arise, it is critical for law enforcement officers to prioritize de-escalation techniques to ensure the safety and well-being of all individuals involved.

The officer involved in the altercation did not clearly identify himself as a law enforcement officer, and it appears that there was no legal basis for instructing the pedestrian to move from his location in a public space. The pedestrian’s reaction, although stating a warning, should have been met with a more measured response from the officer, considering the circumstances.

Furthermore, the presence of what seemed to be an object, possibly a metal rod, being thrown into the frame of the camera from outside raises serious concerns about the intentions behind this act. This action added a dangerous element to an already tense situation and warrants a thorough investigation to determine the source and purpose of the object.

Additionally, the bystanders’ reactions to the altercation were also troubling. Instead of intervening or seeking help, many individuals appeared passive, choosing to record the incident on their cell phones instead. This lack of active involvement from bystanders highlights the need for community education on how to safely and effectively intervene in such situations to prevent further escalation or harm.

As the head of the San Jose Police Department, I urge you to conduct a comprehensive review of the incident, including the actions of all parties involved, to ensure accountability and transparency. It is imperative that all officers receive ongoing training in de-escalation techniques and conflict resolution to handle challenging situations effectively and with respect for all individuals’ rights.

I also request that you provide updates on the investigation and any steps taken to address the concerns raised by this incident. Our community looks to law enforcement for protection and support, and it is essential that the public trust in the integrity and professionalism of our police force is maintained.

I am more than willing to discuss this matter further and collaborate on initiatives to improve police-community relations and ensure that incidents like this are addressed promptly and justly. Together, we can work towards a safer and more inclusive environment for all residents of San Jose.

Sincerely,

Rev. Jethroe Moore II
President
San Jose Silicon Valley NAACP

Matt Mahan and Cindy Chavez Subpoenaed For A Restraining Order Case

Must be the new political norm in San Jose City Hall for within the last 4 months, two City Councilmembers filed temporary restraining orders (TRO) against their constituents.  

In late December 2023, Councilmember Peter Ortiz filed the request against social media blogger Robert Saenz for his accusation that Ortiz has failed to represent the Hispanic community while supporting LGBTQ causes. The TRO was granted by Santa Clara County Commissioner Johanna Thai Van Dat.  

https://www.advocate.com/news/san-jose-essj-times-restraining

The case is currently going through anti-SLAPP motion.

On March 14, County Commissioner Johanna Thai Van Dat once again issued a TRO against Hai Huynh at the request of City Councilmember Bien Doan.  Hai Huynh is known in the community for his charitable support of nonprofit causes.

https://sanjosespotlight.com/fearing-for-his-safety-east-san-jose-official-files-restraining-order/

April 23rd is the hearing date for both parties.  In the meantime, Minh Do, Huynh's attorney,  had subpoenaed San Jose Mayor Matt Mahan and  Santa Clara County Supervisor Cindy Chavez. He also denounced the accusations are baseless and nothing more than political intimidation and harassment. 

One interesting occasion filed in the case is reported by San Jose Spotlight as follows:

".....Court filings show animus relations between Doan and Huynh started in December 2022, a month after Doan won his election to the San Jose City Council. Huynh called Doan’s cell phone to discuss a conflict the councilmember-elect had with someone who reported to Huynh. The filings don’t clarify who or what the conflict was about.

“During the call, (Huynh) used an expression that translates literally as ‘Don’t mess with my brother,'” Doan wrote. “In Vietnamese, the expression is understood to be a warning against messing with someone’s business or gang and to threaten physical harm in retaliation.”

Eventhough not specifically naming the individual, it has been speculated that the person whom Huynh defended was Phuong (Peter) Nguyen, the current aide for State Senator Dave Cortese. Nguyen is an activist in the Vietnamese community and has been a loyal supporter of former Councilmember Madison Nguyen.  During Covid, Huynh took Nguyen under his wing for he was struggle financially.  Huynh subsequently asked Cortese for him to be his aide representing the Vietnamese constituents.

Both RTO cases claiming security threats to elected officials are unprecedent in San Jose politics, especially when they are incited within their respective ethnic groups,  Latino against Latino, Vietnamese against Vietnamese.  The suddenly tigh security in City Hall under the new mayor at the start of his administration also brings a reality check on the perceived or actual violence nature of political threats in San Jose. 

Slow Voter Turnout in Santa Clara County for Midterm Election?

 

Mirroring the voting trends in California, the voters in Santa Clara County have not returned their mail-in ballots as expected.  With about 7.8% of 1,013,616 ballots returned as of February 25, a spokesperson for the Santa Clara County Registrar of Voters noted that this is historically at the lower end.  Even with the usual last-minute surge of voters next week on Primary Election Day and 7-day allowance after the election date for receiving ballots, the office does not expect the turnout to be more than 55%.

The Vietnamese-American voters historically exhibit a lower turnout than the overall average.  Analyses by Viet Poll Media for the last 6 elections since 2022 showed on average, Vietnamese-American turnout is 6 percentage points lower than the overall turnout.  In comparison, the Chinese and Indian turnouts are 8-9 percentage points higher than the overall.  Of all the voter demographics, Hispanic turnout is about 10 percentage points lower.  

In the 2020 election, the Silicon Valley Community Foundation funded a voting awareness program and identified several districts in San Jose where the turnout was traditionally low.  The data indicated some of the low-turnout demographics were located in Vietnamese-dominated precincts in Districts 7 and 8.

With over 80% of voters casting ballots by mail in the county, candidates are actively walking their precincts trying to garner as many votes as they can.  One of the high-profile races is the District 2  supervisorial race to replace the long-time political stalwart Cindy Chavez.   The two Vietnamese-American candidates, Betty Duong and Madison Nguyen, are considered to be the front runners because of their strong name recognition and financial backing.

The two candidates are being viewed differently in the Vietnamese community and it affects so far their campaigning strategies and outreach to potential voters.  Vietnamese-American votes are about 18% of the registered voters in District 2.  

Betty Duong is everywhere in the community as she always has been anyway before her election campaign. Her various positions at the county give her a high profile and close interaction to help the community.  She was at all major events during the Lunar New Year and often was introduced and given the opportunity to speak.  She has walked and knocked over 20,000 doors just to be in touch with the voters.

Madison is taking a more passive approach and has limited her interactions with the community.  She tried to have a campaign kick-off and fund raiser at Dynasty Restaurant in Vietnam town in June of last year and was met with about 80 protesters.  After her bitter defeat to Ash Kalra in the 2016 assembly race, she disappeared from the community and moved to Nevada until she decided to run for the supervisorial seat.  She hardly walks the precincts and rarely is invited to community events, partly because organizers did not want to have any commotions.  The Vietnamese voters still hold their grudges after all these years for the divisiveness she caused. 

https://www.youtube.com/watch?v=Zqm3JdpWSZ4&ab_channel=VIEMMAIVLOG

 In 2016, the D27 assembly race was for her to win against Kalra and she managed to snatch defeat from the jaws of victory.  The district had 20% Vietnamese registered voters in a presidential election pitting Donald Trump against Hillary Clinton. Just like the majority of the country during that time, the mostly conservative Vietnamese voting bloc was motivated by Trumpism and had the highest turnout ever. 

She raised more than $1.2 million for the race, and her supporting PACs of mostly Govern for California, Charter Schools Association, and California Association of Realtors spent $3 million to defeat Kalra.   The list of billionaires behind her campaign was impressive with last names like Fisher, Munger and Jobs.

Ash Kalra could hardly raise over $650k and his supporting PAC’s spent about $1.3 million.   He was trounced in the primary election by 15 points.  Not many political pundits gave him a chance, especially in a district with a strong Vietnamese-American voting bloc.

It was so bad that State Senator Janet Nguyen called one of his supporters and suggested that he might consider taking a centrist position on several issues so that she could try to convince the lobbyists in Sacramento to slow down their PAC funding for Nguyen’s campaign.   

Yet, Kalra managed to beat her by almost 8% in the general election.  It was a stunning defeat considering she was banking on the Vietnamese voters to line up behind her.  Meanwhile, on the Election Night of 2016, the Viet community in general must have thought good riddance.  And now they are motivated to help Betty Duong.

Madison Nguyen has been on a “ poor me “ tour with the Vietnamese-American media.  She claimed that she was misunderstood and voters should give her a second look.  She tried hard to reach out and apologized to the community leaders and influencers for her role in the Little Saigon naming donnybrook. 

Even though big political names in San Jose like former Mayor Sam Liccardo had endorsed her in the past, a lot of them decided to stay on the sideline this time.  The new popular Mayor Matt Mahan also decided not to endorse her although he is her friend and among her tight-knit of supporters. He might not know the community well but he does not have a political tin ear.

The conventional wisdom suggests that both Duong and Nguyen are likely to be in the runoff in November.  In Orange County, the supervisorial District 1 race is another heavily contested race between Janet Nguyen and Van Tran.  These are two explosive races in the Vietnamese-American community with a lot of divisiveness in the community and in the case of Janet vs. Van, everlasting bitterness and personal hatred.   What history has shown us in the last 20 years is that in races pitting Vietnamese candidates against each other, they will be close and could be decided by less than 3 votes.  

 

Santa Clara County District 2 Election

If it is now official with 5 candidates running to replace termed-out Cindy Chavez for the superivorial seat that she occupied since 2012.   The District 2 Santa Clara County Board of Supervisors was redistricted in 2020 with the intention of having a Hispanic majority with over 40% of the total population living in the district.  However, the registered voter breakdown shows Hispanic at 35%, Asian at 29% and non-Asian, non-Latino, non-Black at 33%.   The Vietnamese-American voters make up 18.5% of the total registration.  

The county district covers most of San Jose City Districts 7, 3 and 5.  The primary election in March 2024, will qualify two top candidates for the November general election unless a single candidate reaches 50% plus one. 

Two relative unknown candidates are Jennifer Margaret Celaya and Corina Herrera-Loera and at this moment unlikely to raise adequate money to gain any strong attractions.   However, one of the viable strategies is relying on their Hispanic heritage to garner enough vote to get into the general election.  The general trend observed across the board in a recent survey done by Viet Poll Media  is when there are multiple candidates in the primary, especially in a nonpartisan election with no real major issues separating candidates, voters tend to vote along the ethnic line.

A last minute candidate, criminal lawyer Nelson McElmurry, is also new to the political scene and with no track records.  With 33% of the votes coming from the usually high turnout White voting bloc, McElmurry also has a chance to survive the primary.  

The two candidates with the most name recognition, money and big name endorsements are former SJ City Vice Mayor Madison Nguyen and Supervisor Cindy Chavez's Chief of Staff Betty Duong.  Both candidates are experience campaigners and have outraised their opponents by a wide margin so far.

Betty Duong is endorsed by Chavez to replace her and receiving the full support of South Bay Labor Council and Santa Clara County Democratic Party.  She is a familiar face in the Vietnamese-American community in San Jose, notably with her work on the Vietnamese - Amerian Service Center.   Her latest significant political coup was the withdrawal of Van Le, ESUHS Board Trustee, from the race.  This is to her advantage for Le would most likely take a bite out of her Vietnamese voting base.  Even though the latest FPPC 460 campaign contribution disclosure has not been posted, Duong has expressed earlier in the year that her campaign fund raising would aim to reach the voluntary expenditure limit of $250,000 or more.  She  received over $165,000 by June 2023.   

Madison Nguyen was left for dead politically after her resounding defeat by Ash Kalra for state assembly in 2016, and of course her involvement with the racist mailer as EVP of the defunct Silicon Valley Oranization responsible for public policy and campaign. Reportedly, she recently moved out of California but returned this year and was the first to announce the candidacy for the seat.  Her time in  City Council was marred with controversy including a violation of Brown Act costing the city over $1 million in legal fee settement, and the majority of the Vietnamese community turning against her for refusing to name 3 street blocks of mostly Vietnamese businesses Little Saigon.  However, she still has her supporters in San Jose and they helped raised over $115,000 by August 2023.

The two Vietnamese-American candidates are trying to appeal to all voters across the general demographics but they are focusing particularly on winning their ethnic base.  Madison Nguyen has reached out for the supports of D7 Councilmember  Bien Doan and Mayor Matt Mahan but considering her political baggages, they are playing both sides of the fence.  With no major differences in policy and ideology since they are all progressive candidates in a nonpartisan race,  it will come down to who will work harder to knock on doors, have better media outreach, and more favorable name recognition.  

Just as a flavor of things to come, there are already complaints about stolen Betty Duong's campaign signs at various Vietnamese strip malls.  Nguyen's antagongists are reposting the epic Little Saigon naming battle and the divisiveness she created in the community.  They even staged a protest at her fund raiser on 6/23/2023 in fron the Dynasty Restaurant in Grand Century Mall.  There were about 70 protestors with signs reminding her about the Little Saigon controversy.

The conventional wisdom suggests that Betty Duong and Madison Nguyen would most likely survive the March primary and face each other in the November general election. Whoever wins will be the first Vietnamese-American to be elected to the Santa Clary County Board of Supervisors.  However, depending on the turnout of Hispanic voters, the White voting bloc sentiment,  and with the Asian vote splitting by the two Asian candidates, there might be only either Duong or Nguyen  getting in the runoff. 

California Congressional District 16 Race and Anna Eshoo

With a suprised announcement on November 21,  Democrat Representative Anna Eschoo, 81, joined a dozen House Democrats opting to retire next year.  The race for this safe Democratic seat  occupied by her since 1992 will likely be fierce among the thirteen candidates, 11 Democrats and 2 Republicans.  

The California's 16th congressional district covers the Peninsula and South Bay cities including Palo Altos, Mountain View, Pacifica, Halfmoon Bay, Saratoga, Campbell, Los Altos, Los Gatos, and the southwestern part of San Jose. 

There are roughly 445,000 registered voters in the district with the breakddown of 20% Asian, 11% Hispanic and the rest is lumped into a voting demographic of non-Asian, non-Latino and non-Black.  Vietnamese-American voters make up about 6% of the total and they will likely play a significant role in the primary because of the  divided votes among the large number of candidates.  

The 2024 March  primary will determine which top two candidates will advance to the general election regardless of party's affiliation.  

Currently, due to just 7 weeks before the absentee ballot is available,  the three leading candidates with the most name recognition, connection and fundraising networks are Sam Liccardo, Evan Low and Joe Simitian. 

Sam Liccardo, 53, is the favorite to be in the runoff by virtual of being the former mayor of San Jose and roughly a third of the registered voters in the district live in San Jose.  His name recognition in the Vietnamese-American community is high and San Jose voters historically will vote  for San Jose candidates.  Within weeks of announcement, he has raised over $900,000.  His tenure as mayor is controversial with the city being fined heavily for non-compliance with transparency and open government rules and the spiral escalation of the homeless crisis.  

Joe Simitian, 70, has been waiting for Eshoo's seat for quite a while now and he has been raising money over the past decade and amassing a war chest of more than $700,000.  His name recognion in the Peninsula cities is substantial considering that he is currently the Santa Clara County supervisor, former state senator and Palo Alto mayor.  He is probably the most experience politician on issues and his liberal views fit with the district progressive bend.  His age might come into play but conventional wisdom is that most voters are more interested in getting things done in congress.  

Evan Low, 40,  is an openly gay state legislator serving since 2014 in a district that has a strong Chinese-American constituents.  So far, he has raised over $300,000 with a strong support of labor unions.  He has received endorsement from Rep. Rho Khanna and will like from Zoe Lofgren also.

The two wild cards that have remote ousider chance are Julie Lythcott-Haimes, an attorney who is current serving on the Palo Alto City Council, and Rishi Kumar, a former Saratoga City Councilmember and ran against Eshoo in the last two elections.  

The other candidates will capture the attention of voters but they are likely playing a role of spoilers.  However the two Republican candidates can sneak in since 16% of total voters are Repbulican and with this many Democratic candidates siphoning votes from each other, anything can happen.

At any rate, the current conventional wisdom predicts at this stage of the race,  Sam Liccardo will be one of the candidates in the runoff.   And if Evan Low can consolidate his Asian and Hispanic supporters, he has a good chance to break the likely needed 20% threshold to be in the general election.