Yzaguirre calls the allegation a matter of "vindictiveness" and "childishness."
Attorney Frank O. Tetley filed complaints with the City Clerk's Office and the Secretary of State's Office, after an investigation prompted by Gary Grossich and Steve Cade of an organization called Citizens for Colton First. They say Yzaguirre has not lived at 1319 Rialto Ave. since 2007.
"The investigation clearly shows Mr. Yzaguirre has actually been residing at 1259 10th St. since 2010, maintaining his residency outside of Colton District 3...," Tetley says in his complaint to the City Clerk's Office.
Tetley and Colton First are seeking an "independent and unbiased investigation" into Yzaguirre's residency and his eligibility to hold office.
Yzaguirre said Friday that Cade and Grossich are trying to manipulate the campaign a month before the election.
"Colton residents know I've lived over 25 years in my primary residence," Yzaguirre said. "It's no secret that I had a secondary residence."
Yzaguirre said Grossich, who owns Nickelodeon Pizza, is retaliating because he didn't support him in a dispute with the city over construction of a bike path on property Grossich's father had occupied and maintained for more than 30 years.
"I was against a settlement for Gary Grossich, which was a gift of public funds on a piece of property involving a bike lane," Yzaguirre said.
Yzaguirre won a special election for the vacant seat in June 2007. Tetley's complaint says Grossich and Cade gave investigators evidence that included a list of witnesses who could verify that Yzaguirre did not live at 1319 Rialto Ave., "as he stated under penalty of perjury."
"We were requested to interview the potential witnesses that had pertinent information and canvass the neighborhood of both the 10th street and Rialto Avenue residences," Tetley wrote. "The purpose was to determine where Mr. Yzaguirre was living from 2007 to 2012 during the time he has held office in District 3."
Yzaguirre said the complaints and the investigation are typical election-year antics by Grossich, whom he characterized as a businessman with undue influence in the city.