Legal Opinions of the Attorney General - Quo Warranto - Right to Public Office
A quo warranto action is filed typically to remove a person from public office. The Attorney General must approve all quo warranto actions filed by private individuals. This protects public officers from frivolous lawsuits. Nature of Remedy.
A quo warranto action may be brought against any person who usurps, intrudes into, or unlawfully holds or exercises any public office or franchise.
A quo warranto action may also be brought against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise within California.
The Opinion Unit reviews the written pleadings filed by the parties and issues an opinion either granting or denying the application to sue. If approval is given, the lawsuit is maintained under the direction of the Attorney General.
Filing a Quo Warranto
Procedures for filing quo warranto applications and actions are governed by the:Code of Civil Procedure, Section 803
California Code of Regulations - Title 11, Division 1, Chapter 1, § 1-11