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State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
Search for opinions by:
1. Opinion Number (e.g., 12-301);
2. Official Citation (e.g., 95 Ops.Cal.Atty.Gen. 1); or
3. Word or Phrase from the text of the Opinion's Question or Conclusion.
| Opinion | Question | Conclusion |
|---|---|---|
| 23-1201 |
The BELLEVIEW ELEMENTARY SCHOOL DISTRICT has applied to this office for leave to sue JASON VASSAR in quo warranto to remove him from his seat on the School District’s Board. The application asserts that Vassar is subject to removal under Government Code section 1770(b) because he is mentally incapacitated and unable to perform his job duties. |
We conclude that there are substantial issues of law and fact as to whether the requirements of section 1770(b) are satisfied. We further conclude that the public interest will be served by allowing the proposed quo warranto action to proceed. Consequently, the application for leave to sue is GRANTED. Issued on December 29, 2023 Official Citation: 106 Ops.Cal.Atty.Gen. 151 |
| 23-901 |
GOVERNMENT WATCHDOGS, a California non-profit public benefit corporation, has applied to this office for leave to sue proposed defendant PABLO BRYANT in quo warranto to remove him from his seat on the Temecula-Elsinore-Anza-Murrieta Resource Conservation District’s Board of Directors. |
We conclude that there is no substantial issue of law or fact as to whether Director Bryant is lawfully holding office. We further conclude that the public interest would not be served by allowing the proposed quo warranto action to proceed. Consequently, the application for leave to sue is DENIED. Issued on May 22, 2024 Official Citation: 107 Ops.Cal.Atty.Gen. 79 |
| 23-602 | The San Joaquin Delta Community College District has applied to this office for leave to sue KATHLEEN GARCIA in quo warranto to remove her from serving as a member of the San Joaquin Delta Community College District Board of Trustees. The application asserts that Garcia, while serving on that board, assumed a second and incompatible office as a member of the Eastside Rural Fire Protection District Board of Trustees in violation of Government Code section 1099, and by doing so forfeited her seat on the College District board. |
We conclude that there is a substantial legal issue as to whether Garcia is simultaneously holding incompatible offices. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED. Issued on November 30, 2023 Official Citation: 106 Ops.Cal.Atty.Gen. 112 |
| 23-402 | SHAKIR KHAN has applied to this office for leave to sue RAMON YEPEZ in quo warranto to remove Yepez from his seat on the Lodi City Council. Khan, the former holder of that seat, alleges that the City Council unlawfully declared Khan’s seat to be vacant and therefore unlawfully appointed Yepez to fill it. |
We conclude that there are substantial issues of fact and law as to whether the City Council lawfully declared Khan’s former seat to be vacant and (as a result) whether the Council lawfully appointed Yepez to fill it. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, we GRANT the application for leave to sue. Issued on November 30, 2023 Official Citation: 106 Ops.Cal.Atty.Gen. 97 |
| 23-203 | The City of California City has applied to this office for leave to sue KAREN MACEDONIO in quo warranto to remove her from public office as a member of the City Council. The application asserts that Macedonio, while serving on the City Council, assumed a second and incompatible public office as a member of the East Kern Health Care District Board of Directors, in violation of Government Code section 1099, and by doing so forfeited her seat on the City Council. |
We conclude that there is a substantial legal issue as to whether Macedonio is simultaneously holding incompatible public offices. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED. Issued on May 18, 2023 Official Citation: 106 Ops.Cal.Atty.Gen. 26 |
| 22-1101 | SANDRIDGE PARTNERS, L.P. has applied to this office for leave to sue DAN BOSWELL, GABE COOPER, PHIL HANSEN, JIM RAZOR, DOMINIC SWEEN, MARK UNRUH, GEORGE WURZEL, JEOF WYRICK, and MICHAEL SULLIVAN in quo warranto to remove them from public office on the Board of Directors of the Tulare Lake Basin Water Storage District. The application asserts that the proposed defendants were appointed to and are serving on the Board in violation of multiple provisions of the Water Code. |
We conclude that there are substantial issues of law and fact as to whether the proposed defendants are lawfully holding office. We further conclude that the public interest will be served by allowing the proposed quo warranto action to proceed. Consequently, the application for leave to sue is GRANTED. Issued on March 30, 2023 Official Citation: 106 Ops.Cal.Atty.Gen. 14 |
| 22-1002 | Proposed Relator City of Moreno Valley has applied for leave to sue proposed Defendant David Marquez in quo warranto to remove him from his seat on the Moreno Valley City Council. The City asserts that Marquez forfeited his office because he was “absent without permission from all regular city council meetings for 70 days consecutively from the last regular meeting” he attended, in violation of Government Code section 36513(b). |
We conclude that substantial questions of law and fact exist as to whether Marquez was absent without permission from all regular city council meetings for the period specified in Government Code section 36513(b) and, as a result, forfeited his seat on the council. We also conclude that the public interest will be served by allowing the proposed quo warranto action to proceed. For these reasons, the application for leave to sue is GRANTED. Issued on May 18, 2023 Official Citation: 106 Ops.Cal.Atty.Gen. 21 |
| 22-1001 | The DISTRICT ATTORNEY OF LOS ANGELES COUNTY has applied to this office for leave to sue DAVID ARGUDO in quo warranto to remove him from his public office as a member of the La Puente City Council. The application asserts that Argudo, while serving on the La Puente City Council, assumed a second and incompatible public office as a member of the La Puente Valley County Water District Board of Directors, in violation of Government Code section 1099, and by doing so forfeited his seat on the La Puente City Council. |
We conclude that there is a substantial legal issue as to whether Argudo is simultaneously holding incompatible public offices. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED. Issued on January 26, 2023 Official Citation: 106 Ops.Cal.Atty.Gen. 10 |
| 22-803 | LYNN BOONE applies to this office for leave to sue DEIDRE DUHART in quo warranto to remove Duhart from her public office as a member of the Compton City Council on the ground that Duhart did not receive the requisite number of votes under the Compton City Charter to be appointed to that office. As a separate matter, Boone alleges that the Compton City Attorney took certain improper and ultra vires actions in declaring Duhart’s appointment to be valid. |
We conclude that there is no substantial question of law regarding Duhart’s appointment to the City Council, and that it is therefore not in the public interest to authorize the proposed quo warranto action challenging her appointment. In addition, we conclude that the alleged actions of the Compton City Attorney in this matter do not give rise to an action in quo warranto. Consequently, the application for leave to sue is DENIED. Issued on January 26, 2023 Official Citation: 106 Ops.Cal.Atty.Gen. 1 |
| 22-802 | The application alleges that Keefer’s service on the County Board violates (1) Government Code section 1099, which prohibits holding incompatible public offices, and (2) Education Code section 1006, which makes school district employees ineligible to serve on a county board of education with jurisdiction over their district. |
We conclude that there are substantial issues of fact or law as to whether Keefer is (1) simultaneously holding incompatible public offices in violation of Government Code section 1099, and (2) serving on the County Board while an employee of a school district within the Board’s jurisdiction in violation of Education Code section 1006. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED. Issued on February 29, 2024 Official Citation: 107 Ops.Cal.Atty.Gen. 20 |
| 22-603 | Proposed relators HQH CHINESE AMERICAN EQUALIZATION ASSOCIATION and ARCADIA VOTERS’ RIGHTS GROUP (Relators) have applied to this office for leave to sue proposed defendant MICHAEL DANIELSON (Defendant) in quo warranto to remove Defendant from his public office on the Arcadia City Council. Relators assert that the City Council’s appointment of Defendant violated Arcadia City Charter provisions governing vacancy appointments. |
We conclude that a substantial question of law exists as to whether Defendant’s appointment to the Arcadia City Council was lawful. Further, the public interest will be served by allowing the proposed quo warranto action to proceed. Consequently, the application for leave to sue is GRANTED. Issued on August 18, 2022 Official Citation: 105 Ops.Cal.Atty.Gen. 141 |
| 22-303 | The ALAMEDA COUNTY TAXPAYERS’ ASSOCIATION, INC., MARCUS CRAWLEY, DAVID DENTON, STEVE SLAUSON, and ROBERT TUCKNOTT, have applied for leave to sue DAVID KYLE BROWN in quo warranto to remove him from his public office as a member of the Alameda County Board of Supervisors, representing District 3. The application asserts that Brown is ineligible to serve on the Board of Supervisors because he did not and does not satisfy the legal residency requirements for that office. |
We conclude that there are substantial issues of law and fact as to whether Brown is eligible to hold office on the Alameda County Board of Supervisors and, because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED. Issued on June 17, 2022 Official Citation: 105 Ops.Cal.Atty.Gen. 111 |
| 22-304 | Proposed relators SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE OF SOUTHERN CALIFORNIA, PASTOR WILLIAM D. SMART, JOY ATKINSON, MARY LEE, KWAME COOPER, and HARRY MCELROY (Relators), have applied to this office for leave to sue proposed defendants the CITY OF LOS ANGELES, the LOS ANGELES CITY COUNCIL, and HERB WESSON (Defendants) in quo warranto to remove Wesson from his public office on the Los Angeles City Council, representing Council District 10. Relators assert that the city council’s appointment of Wesson violated Los Angeles City Charter provisions governing vacancy appointments and term limits. |
We conclude that substantial questions of law exist as to whether Wesson’s appointment to the Los Angeles City Council was lawful. Further, the public interest will be served by allowing the proposed quo warranto action to proceed. Consequently, the application for leave to sue is GRANTED. Issued on June 22, 2022 Official Citation: 105 Ops.Cal.Atty.Gen. 126 |
| 22-301 | MICHAEL SEAN WRIGHT, a registered voter and resident of Orange County and the Orange County Department of Education’s Fourth District, has applied to this office for leave to sue TIM SHAW in quo warranto to remove him from his public office as a member of the Orange County Board of Education representing the Department of Education’s Fourth District. The application asserts that the Board of Education invalidly appointed Shaw to a vacancy on the Board in violation of Government Code section 1752(a) and the common law prohibition against self-appointments. |
We conclude that there is a substantial legal issue as to whether Shaw’s appointment to the Orange County Board of Education was lawful. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED. Issued on April 7, 2022 Official Citation: 105 Ops.Cal.Atty.Gen. 65 |
| 22-302 | MARK TARDIF, a registered voter and resident of the Orange County Department of Education’s First Trustee District, has applied to this office for leave to sue REBECCA “BECKIE” GOMEZ in quo warranto to remove her from her public office as a member of the Orange County Board of Education representing the Department of Education’s First Trustee District. The application asserts that Gomez, while serving her term on the County Board of Education, assumed a second and incompatible public office as a member of the Tustin City Council, in violation of Government Code section 1099, and by doing so forfeited her seat on the Board of Education. |
We conclude that there is a substantial legal issue as to whether Gomez is simultaneously holding incompatible public offices as a member of both the Orange County Board of Education and the Tustin City Council. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED. Issued on May 5, 2022 Official Citation: 105 Ops.Cal.Atty.Gen. 69 |
| 22-101 | MICHAEL SCHLESINGER, a resident of the City of Mission Viejo, requests leave to sue ED SACHS, WENDY BUCKNUM, and GREG RATHS in quo warranto to oust them from their public offices as members of the Mission Viejo City Council. The quo warranto application alleges that ouster is required on the ground that the elected terms of Councilmembers Sachs, Bucknum, and Raths have expired. |
We conclude that whether the terms of Councilmembers Sachs, Bucknum, and Raths have expired presents substantial questions of law and fact that warrant a judicial resolution. Because we further conclude that it would be in the public interest to allow Schlesinger to initiate a lawsuit in quo warranto, leave to sue is GRANTED. Issued on May 26, 2022 Official Citation: 105 Ops.Cal.Atty.Gen. 101 |
| 21-103 | MELISSA LOUDEN has applied to this office for leave to sue TIM SHAW in quo warranto to remove him from his public office as a member of the Orange County Board of Education. The application asserts that Shaw, while serving his term on the County Board of Education, assumed a second and incompatible public office as a member of the La Habra City Council, in violation of Government Code section 1099, and by doing so forfeited his seat on the Board of Education. |
We conclude that there is a substantial legal issue as to whether Shaw is simultaneously holding incompatible public offices as a member of both the Orange County Board of Education and the La Habra City Council. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED. Issued on October 29, 2021 Official Citation: 104 Ops.Cal.Atty.Gen. 58 |
| 21-201 | THE CITY OF LANCASTER has requested our permission to sue proposed defendant MICHAEL RIVES in quo warranto to oust him from his public office as a member of the Board of Directors of the Antelope Valley Healthcare District. The City alleges that ouster is required on the ground that Rives also holds a second, incompatible, public office as a member of the Board of Trustees of the Antelope Valley Community College District, in violation of Government Code section 1099. |
There are substantial questions of law and fact as to whether membership on the Antelope Valley Healthcare District Board of Directors and the Antelope Valley Community College District Board of Trustees are incompatible public offices, thus requiring Rives to forfeit his first-held office on the Healthcare District Board of Directors. Consequently, and because the public interest would be served by allowing the action to proceed, the application for leave to sue in quo warranto is GRANTED. Issued on July 15, 2021 Official Citation: 104 Ops.Cal.Atty.Gen. 15 |
| 21-101 | The IMPERIAL COUNTY OFFICE OF EDUCATION requests leave to sue ANNETTE GONZALEZ-BUTTNER in quo warranto to oust her from her public office as a trustee of the Imperial County Board of Education. The quo warranto application alleges that ouster is required on the ground that Gonzalez-Buttner also holds a second, incompatible public office as a trustee of the Imperial Community College Board. |
We conclude that whether the doctrine of incompatible public offices precludes Annette Gonzalez-Buttner from simultaneously serving as a trustee of both the Imperial County Board of Education and the Imperial Community College Board presents substantial questions of law and fact that would ordinarily warrant a judicial resolution. Because Ms. Gonzalez-Buttner no longer holds the offices in question, however, we deny this quo warranto application as moot. Issued on September 24, 2021 Official Citation: 104 Ops.Cal.Atty.Gen. 47 |
| 19-1201 | JEREMIAH BROSOWSKE (Relator) requests leave to sue Defendants CITY OF HESPERIA and BRIGIT BENNINGTON in quo warranto to remove Defendant Bennington from the District 4 seat on the Hesperia City Council, on the ground that Relator is lawfully entitled to hold that seat, but was wrongfully unseated by the City Council due to an alleged ineligibility to hold the office. |
Relator raises substantial issues of fact and law as to his eligibility to hold the District 4 seat on the Hesperia City Council and, therefore, as to Defendant Bennington’s present right to hold that seat. Because it is in the public interest to have those issues judicially resolved, Relator’s request for leave to sue is GRANTED. Issued on August 24, 2020 Official Citation: 103 Ops.Cal.Atty.Gen. 33 |
| 18-203 | Proposed Relator James Fenkner has requested leave to sue proposed defendant Cathy Murillo, the Mayor of Santa Barbara, in quo warranto, to remove her as the representative for the City of Santa Barbara on the governing board of the Santa Barbara County Association of Governments (SBCAG), and to reinstall Councilmember Jason Dominguez into that position, on the ground that the city council’s removal of Dominguez and appointment of Murillo were actions taken in violation of the council’s rules of order. |
Proposed relator has failed to raise a substantial legal or factual question as to whether (1) the Santa Barbara City Council violated its own rules of order in removing Councilmember Dominguez and appointing Mayor Murillo as the city’s representative on the SBCAG governing board, or (2) any such procedural violation would invalidate the actions taken. Nor would the public interest be served by allowing a quo warranto action to proceed under these circumstances. Accordingly, the application is denied. Issued on April 11, 2019 Official Citation: 102 Ops.Cal.Atty.Gen. 13 |
| 18-601 | Proposed relator THOMAS J. FOX has requested leave to sue proposed defendant JUDY MORRIS in quo warranto to oust Morris from the public office of Trinity County Supervisor, on the ground that, in her election documents, she used her married name, “Morris,” rather than her birth name, “Yzquierdo,” in alleged violation of Elections Code section 18200. |
Proposed relator does not raise a substantial question of law or fact that warrants initiating a judicial proceeding, and allowing the proposed quo warranto action to proceed would not serve the public interest. Proposed relator’s application for leave to sue in quo warranto is, therefore, DENIED. Issued on August 28, 2018 Official Citation: 101 Ops.Cal.Atty.Gen. 76 |
| 18-301 | Proposed relator, Miguel Sanchez, requests leave to sue proposed defendant Leticia Prado in quo warranto to remove her from the public office of member of the Governing Board of the Vineland School District (School District trustee) on the ground that she has assumed a second, incompatible public office as a director of the Lamont Public Utility District (Utility District trustee), in violation of the ban on simultaneously holding incompatible offices set forth in Government Code section 1099. |
Leave to sue is granted because we find that a substantial issue of fact or law exists as to whether the offices of School District trustee and Utility District trustee are incompatible and cannot be held at the same time under Government Code section 1099, and therefore whether proposed defendant Leticia Prado has forfeited and must vacate her office of School District trustee. Issued on April 19, 2019 Official Citation: 102 Ops.Cal.Atty.Gen. 31 |
| 18-302 | Proposed relator ART PERRY has requested leave to sue proposed defendant ALLAN MANSOOR in quo warranto to oust Mansoor from the public office of Costa Mesa city councilmember on the ground that Mansoor did not reside in Costa Mesa for several months during his term. |
Proposed relator does not raise a substantial question of law or fact that warrants initiating a judicial proceeding, and allowing the proposed quo warranto action to proceed would not serve the public interest. Proposed relator’s application for leave to sue in quo warranto is therefore DENIED. Issued on July 20, 2018 Official Citation: 101 Ops.Cal.Atty.Gen. 42 |
| 18-202 | Proposed relators Eulalio Gomez, Thomas Trester, Monica Diaz, and Jeri Nowak have requested leave to sue proposed defendants Riley Talford, John Robinson, and John Adams in quo warranto to remove them as trustees of the Board of Retirement of the Fresno County Employee Retirement Association on the ground that their elections resulted from violations of election procedures. |
Leave to sue in quo warranto is granted to determine whether the elections of proposed defendants Riley Talford and John Robinson as trustees of the Board of Retirement of the Fresno County Employee Retirement Association resulted from violations of election procedures. Leave to sue in quo warranto is denied as to proposed defendant John Adams because his challenged term of office has expired. Issued on April 19, 2019 Official Citation: 102 Ops.Cal.Atty.Gen. 20 |
| 17-902 | Proposed relator THE CITY OF HUNTINGTON PARK has requested leave to sue proposed defendant JOHN OSKOUI in quo warranto to remove him from the Board of Directors of the Central Basin Municipal Water District. Proposed relator contends that the water district improperly excluded proposed relator’s nominee from consideration for appointment as a director of the district by incorrectly concluding that the nominee was not “a representative of a city” within the meaning of Water Code section 71267, subdivision (f)(2). |
Whether proposed relator’s nominee was “a representative of a city” and was therefore improperly excluded from consideration for appointment—thereby requiring proposed defendant’s removal from office so that a new appointment process may be conducted—presents substantial questions of law and fact warranting judicial resolution. Further, allowing the action to proceed would serve the public interest. Therefore, leave to sue in quo warranto is GRANTED. Issued on April 24, 2018 Official Citation: 101 Ops.Cal.Atty.Gen. 24 |
| 84-409 |
Under what circumstances will the Attorney General grant leave for a private party to sue in quo warranto? Is a trustee of a Taft-Hartley trust an "official of a life insurer" for purposes of Government Code section 20100, subdivision (c), qualifying him to serve on the Board of Administration of the Public Employees' Retirement System? |
The Attorney General will grant leave for a private party to sue in quo warranto when (1) the application presents a substantial question of law or fact and (2) it appears the public interest would be served by judicial resolution of the question. A trustee of a Taft-Hartley trust is an "official of a life insurer" for purposes of Government Code section 20100, subdivision (c), and is therefore qualified to serve on the Board of Administration of the Public Employees' Retirement System. Issued on April 16, 1984 Official Citation: 67 Ops.Cal.Atty.Gen. 151 |
| 17-601 | Proposed relator, the CITY OF DIXON, applies to this office for leave to sue proposed defendant DEVON MINNEMA, Dixon city council member from the city’s District 4, in quo warranto to oust him from that office on the ground that he did not reside in District 4 at all times required by state law. |
Proposed relator does not raise a substantial question of law or fact that warrants initiating a judicial proceeding, and allowing the proposed quo warranto action to proceed would not serve the public interest. Proposed relator’s application for leave to sue in quo warranto is therefore DENIED. Issued on April 11, 2018 Official Citation: 101 Ops.Cal.Atty.Gen. 16 |
| 17-603 | Quo Warranto Application: Are Deanna Jackson and Matthew Hurley eligible to hold seats on the Atwell Island Water District Board of Directors? (Denied 10/17/17) | Cancelled on October 17, 2017 |
| 17-305 | Proposed relator the CITY OF BELL GARDENS has requested leave to sue proposed defendant JENNIFER RODRIGUEZ in quo warranto to oust her from the public office of city council member on the ground that she was absent from all regular city council meetings without permission for 60 days, thereby forfeiting her office under Government Code section 36513. |
There are substantial questions of law and fact as to whether Rodriguez was absent from all regular city council meetings for 60 days, thereby forfeiting her office under Government Code section 36513. As a result, allowing the action to proceed would serve the public interest. Therefore, leave to sue in quo warranto is GRANTED. Issued on November 2, 2017 Official Citation: 100 Ops.Cal.Atty.Gen. 26 |
| 17-301 |
1. Is Sandra Meraz unlawfully serving as a board trustee of the Deer Creek Storm Water District because she was appointed to fill a vacancy by the remaining members of the district board, rather than by the Tulare County Board of Supervisors? 2. Is Kayode Kadara unlawfully serving as a board trustee of the Deer Creek Storm Water District because he is not a “freeholder” of land within the district? |
1. Leave to sue in quo warranto is GRANTED to determine whether Sandra Meraz is unlawfully serving as a board trustee of the Deer Creek Storm Water District because she was appointed to fill a vacancy by the remaining members of the district board, rather than by the Tulare County Board of Supervisors. 2. Leave to sue in quo warranto is DENIED to determine whether Kayode Kadara is unlawfully serving as a board trustee of the Deer Creek Storm Water District because he is not a “freeholder” of land within the district. Issued on December 12, 2017 Official Citation: 100 Ops.Cal.Atty.Gen. 29 |
| 16-101 | Quo Warranto Matter: Does a misdemeanor conviction for passing a bad check qualify as forgery for purposes of disqualification from office holding? | Withdrawn on July 14, 2016 |
| 15-1101 | Proposed relator DEBORAH ROBERTSON has requested leave to sue proposed defendant EDWARD PALMER in quo warranto to remove him from the public office of Rialto city council member on the ground that he did not reside in the city at the time of his reelection as required by law. |
Because proposed relator’s allegations regarding Edward Palmer’s eligibility to serve on the Rialto city council do not present a substantial issue of fact or law requiring judicial resolution, and because allowing this lawsuit to proceed would not be in the public interest, leave to sue in quo warranto is DENIED. Issued on September 6, 2016 Official Citation: 99 Ops.Cal.Atty.Gen. 74 |
| 15-501 | Proposed relator the CITY OF COMMERCE has requested leave to sue proposed defendant HUGO ARGUMEDO in quo warranto to oust him from the public office of city council member on the ground that his previous conviction for obstruction of justice constitutes “malfeasance in office,” and therefore precludes him from serving as a city council member. |
Whether proposed defendant Argumedo’s conviction for obstruction of justice constitutes “malfeasance in office,” and therefore precludes him from serving as a city council member, presents substantial questions of law and fact warranting judicial resolution, and allowing the action to proceed would serve the public interest. Therefore, leave to sue in quo warranto is GRANTED. Issued on October 27, 2015 Official Citation: 98 Ops.Cal.Atty.Gen. 85 |
| 13-1103 |
1. Was Dr. Yxstian Gutierrez unlawfully appointed to serve out the term of the incumbent city council member for Moreno Valley’s “District Four,” who resigned from office before his term expired, because Dr. Gutierrez did not reside in District Four as that district was constituted when the incumbent was elected? 2. Was Dr. Yxstian Gutierrez unlawfully appointed to the Moreno Valley City Council because the council failed to comply with the open-meeting and notice provisions of the Brown Act? |
Leave to sue in quo warranto is GRANTED to determine whether Dr. Yxstian Gutierrez satisfies the residency requirements for holding the office of Moreno Valley City Council member from District Four. We make no determination regarding Relators’ Brown Act claims as it is not necessary for us to do so in order to reach a decision on the present application. Issued on March 21, 2014 Official Citation: 97 Ops.Cal.Atty.Gen. 12 |
| 13-902 | Proposed relator SAUGUS UNION SCHOOL DISTRICT has requested leave to sue proposed defendant STEPHEN WINKLER in quo warranto to remove him from the public office of School District Trustee on the ground that he does not reside in the District as required by law. |
Leave to sue is GRANTED to determine whether proposed defendant STEPHEN WINKLER meets the legal residency requirements for holding the public office of School District Trustee. Issued on February 11, 2014 Official Citation: 97 Ops.Cal.Atty.Gen. 1 |
| 13-504 | Proposed Relators JOHN RANDO and MARIANO A. RODAS have requested leave to sue Proposed Defendants FRANK QUINTERO and the CITY OF GLENDALE in quo warranto in order to seek Mr. Quintero’s removal from the public office of Glendale City Council member based on their contention that, under the terms of the Glendale City Charter, he is ineligible to hold that office. |
Because it is not in the public interest to authorize the initiation of a quo warranto lawsuit under the present circumstances, leave to sue is DENIED. Issued on October 25, 2013 Official Citation: 96 Ops.Cal.Atty.Gen. 48 |
| 93-410 | The Fresno Police Officers Association ("FPOA") and the Fresno Firefighters, International Association of Firefighters Local 753 ("Local 753") have requested leave to sue the City of Fresno in quo warranto pursuant to section 803 of the Code of Civil Procedure to test the validity of a 1993 amendment to the Fresno City Charter which repealed the "eight-city formula" for setting salaries of policemen and firemen in the city. |
Leave to sue is granted to test whether the 1993 amendment to the Fresno City Charter which repealed the "eight-city formula" for setting salaries of policemen and firemen in the city is invalid by reason of noncompliance by the city with the requirements of the Meyers-Milias-Brown Act. Issued on August 4, 1993 Official Citation: 76 Ops.Cal.Atty.Gen. 169 |
| 93-802 | Does defendant validly hold the office of Councilmember of the City of Compton by virtue of his appointment on June 8, 1993? |
Leave t sue in quo warranto is granted to determine whether defendant was validly appointed to hold the office of Councilmember of the City of Compton. Issued on November 10, 1993 Official Citation: 76 Ops.Cal.Atty.Gen. 254 |
| 93-808 | THE AD HOC COMMITTEE FOR THE DISSOLUTION OF THE ALLIANCE FOR A DEMOCRATIC CHINA, relator, has requested leave to sue in quo warranto to dissolve the ALLIANCE FOR A DEMOCRATIC CHINA, a California public benefit corporation. |
Leave to sue in quo warranto to dissolve the Alliance For A Democratic China, a California public benefit corporation, is denied. Issued on June 6, 1994 Official Citation: 77 Ops.Cal.Atty.Gen. 127 |
| 93-815 | Does defendant validly hold the position of Superintendent of the La Puente Valley Regional Occupational Program following the refusal of the Joint Board of Management to renew defendant's contract upon its expiration on June 30, 1993? |
An action in quo warranto tests a person's right or entitlement to a position which constitutes a "public office." The position of Superintendent of the La Puente Valley Regional Occupational Program is not a public office for purposes of a quo warranto action. Consequently, leave to sue is denied. Issued on October 13, 1993 Official Citation: 76 Ops.Cal.Atty.Gen. 244 |
| 93-901 | The Deputy Sheriffs' Association of Santa Clara, Inc. and Armando Tiano (hereafter "relators") have requested leave to sue in quo warranto to test the right of Dennis P. Handis (hereinafter "defendant") to simultaneously hold the offices of chief probation officer and chief officer of the bureau of correction for the County of Santa Clara. |
Leave to sue is granted to determine whether defendant may simultaneously hold the offices of chief probation officer and chief officer of the bureau of correction for the County of Santa Clara. Issued on January 13, 1994 Official Citation: 77 Ops.Cal.Atty.Gen. 7 |
| 93-906 | The CITY OF VICTORVILLE and the VICTOR VALLEY ECONOMIC DEVELOPMENT AUTHORITY have requested leave to sue in quo warranto to prevent the City of Adelanto and the Redevelopment Agency of Adelanto from developing George Air Force Base. |
Leave to sue in quo warranto to prevent the City of Adelanto and the redevelopment Agency of Adelanto from redeveloping George Air Force Base is denied. Issued on April 1, 1994 Official Citation: 77 Ops.Cal.Atty.Gen. 65 |
| 93-111 | Is the position of Fire Chief of the Hesperia Fire Protection District a public office? If so, is the holding of that office incompatible with concurrent membership on the board of directors of the Hesperia Fire Protection District and memberhip on the Hesperia City Council? |
Whether the position of Fire Chief of the Hesperia Fire Protection District is a public office presents a substantial question of fact and law. Leave to sue in quo warranto is granted to test the right of defendant to hold concurrently the positions of Fire Chief of Hesperia Fire Protection District, director of the Hesperia Fire Protection District, and member of the Hesperia City Council. Issued on March 23, 1993 Official Citation: 76 Ops.Cal.Atty.Gen. 38 |
| 92-1010 | Debra Dorst-Porada, Relator, has requested leave to sue James R. Fatland in quo warranto pursuant to section 803 of the Code of Civil Procedure to rest his right to hold the office of Mayor of the City of Ontario. |
Leave to sue is granted to test whether Mayor Fatland forfeited his office under the terms of Article XII, section 7 of the California Constitution. Issued on March 3, 1993 Official Citation: 76 Ops.Cal.Atty.Gen. 1 |
| 92-1001 | Has G. B. Tucker ("defendant") ceased to comply with the residence requirement for representing the fifth supervisorial district, Nevada County Board of Supervisors? |
No substantial fact or law is presented in connection with defendant's compliance with the residence requirement for representing the fifth supervisorial district, Nevada County Board of Supervisors. It is determined that an action in quo warranto would not serve the public interest and, therefore, leave to sue is denied. Issued on December 9, 1992 Official Citation: 75 Ops.Cal.Atty.Gen. 287 |
| 92-408 | John E. Duckworth has requested that this office grant leave to sue John C. Davis in quo warranto pursuant to section 803 of the Code of Civil Procedure to test the right of Mr. Davis to hold the office of trustee of the Rim of the World Unified School District. |
Leave to sue is granted to test whether the offices of trustee of the Rim of the World Unified School District and director of the Lake Arrowhead Community Services District are incompatible. Issued on July 9, 1992 Official Citation: 75 Ops.Cal.Atty.Gen. 112 |
| 92-104 |
1. Is quo warranto an appropriate remedy for testing the validity of a proposed statewide initiative? 2. Would such an action be in the public interest (a) prior to the submission of the initiative measure to the electorate, or (b) prior to the resolution of the same issues now pending before the Public Employment Relations Board? |
1. Quo warranto is not an appropriate remedy for testing the validity of a proposed statewide initiative. 2. Such an action would not be in the public interest (a) prior to the submission of the initiative measure to the electorate, or (b) prior to the resolution of the same issues now pending before the Public Employment Relations Board. Issued on March 31, 1992 Official Citation: 75 Ops.Cal.Atty.Gen. 70 |
| 91-906 | Does the doctrine of incompatible public offices preclude a person from holding simultaneously the position of director of the Elsinore Water District and the position of city council member of the City of Lake Elsinore? |
Whether the doctrine of incompatible public offices preclude a person from holding simultaneously the position of director of the Elsinore Water District and the position of city council member of the City of Lake Elsinore presents a substantial question of law. It is determined, however, that an action in quo warranto would not serve the public interest and, therefore, leave to sue is denied. Issued on February 4, 1992 Official Citation: 75 Ops.Cal.Atty.Gen. 10 |
| 95-210 | The Engineers and Architects Association has requested leave to sue in quo warranto to remove William McCarley from his position as general manager of the Department of Water and Power of the City of Los Angeles. |
Leave to sue in quo warranto to remove William McCarley from his position as general manager of the Department of Water and Power of the City of Los Angeles is denied. Issued on May 2, 1995 Official Citation: 78 Ops.Cal.Atty.Gen. 82 |
| 95-203 | Does reasonable cause exist to believe that Richard Patterson, a member of the City Council of the City of Modesto, will not be able to perform the duties of his office for the remainder of his term because of physical or mental incapacity? |
Reasonable cause exists to believe that Richard Patterson will be unable to perform the duties of his office for the remainder of his term as a member of the City Council of the City of Modesto because of physical or mental incapacity. Accordingly, leave to sue in quo warranto is GRANTED. Issued on May 12, 1995 Official Citation: 78 Ops.Cal.Atty.Gen. 134 |
| 91-203 | Does the doctrine of incompatible public offices preclude a person from holding simultaneously the appointed position of deputy district attorney of San Bernardino County, and the elected position of member of the city council of the City of Ontario in the County of San Bernardino? |
The law is settled that service on a governmental board by an attorney employed in a local nonelected position does not violate the doctrine of incompatible public offices. Since that issue does not present a substantial question of law for judicial resolution, leave to sue in quo warranto is denied. Issued on June 4, 1991 Official Citation: 74 Ops.Cal.Atty.Gen. 86 |
| 91-102 | The Deputy Sheriff's Association of San Diego County, a recognized employee organization as defined in the Meyers-Milias-Brown Act, has requested this office to grant leave to sue the County of San Diego in quo warranto pursuant to section 803 of the California Code of Civil Procedure. Relator contends that section 606 of the San Diego County Charter is invalid and void, and that defendant, acting under color thereof, has usurped, intruded into, and unlawfully held and exercised powers not belonging to it. |
It is concluded that leave to sue should be denied. Issued on May 8, 1991 Official Citation: 74 Ops.Cal.Atty.Gen. 77 |
| 91-101 | Is the position of Fire Division Chief of the City of Ontario a public office? If so, is that office incompatible with membership on the city council of the City of Ontario? |
The position of Fire Division Chief of the City of Ontario is not a public office; consequently, no substantial issue of law is presented as to whether that position is incompatible with membership on the City Council of the City of Ontario. Accordingly, leave to sue in quo warranto is denied. Issued on June 4, 1991 Official Citation: 74 Ops.Cal.Atty.Gen. 82 |
| 88-891 | The Lancaster Citizens For Better Government, as relators, have filed an application with this office for leave to sue Els Groves in quo warranto to test his right to continue to hold the office of councilman of the City of Lancaster. The dispute arises as the result of the maintenance of two separate residences by Mr. Groves. |
We conclude that leave to sue should be denied. Issued on May 31, 1989 Official Citation: 72 Ops.Cal.Atty.Gen. 63 |
| 88-791 |
Albert J. King has requested leave to file suit in quo warranto to challenge the qualifications of Tony Silva to hold elected office in the City of Huron. The dispute arises as a result of the maintenance of two separate residences by Mr. Silva, one in the City of Kerman and one in the City of Huron. Mr. King's request raises the issue of whether or not Mr. Silva is qualified to hold elective office in the City of Huron. |
It is determined that leave to sue should be denied. Issued on February 17, 1989 Official Citation: 72 Ops.Cal.Atty.Gen. 8 |
| 90-942 | Beverly Eastland, John E. Weiks, and Palomar Pomerado Health System, a local hospital district organized under The Local Hospital District Law ("relators"), have requested this office to grant leave to sue Nancy H. Scofield "(defendant") in quo warranto pursuant to section 803 of the California Code of Civil Procedure. Relators contend that defendant's election to public ofice, to wit: member of the board of directors, Palomar Pomerado Health System, was invalid. |
It is concluded that leave to sue should be denied. Issued on March 6, 1991 Official Citation: 74 Ops.Cal.Atty.Gen. 31 |
| 90-925 | Glenn Mondo ("relator") has requested this office to grant leave to sue Richards L. Norton ("defendant") in quo warranto pursuant to section 803 of the California Code of Civil Procedure. Relator contends that defendant is unlawfully occupying a public office, to wit: member of the city council, City of Santa Ana. |
It is concluded that leave to sue should be denied. Issued on February 26, 1991 Official Citation: 74 Ops.Cal.Atty.Gen. 26 |
| 90-901 |
Daniel B. Lee, relator herein, has requested this office to grant leave to sue Harry Bowers in a "quo warranto" proceeding pursuant to the terms of Code of Civil Procedure section 803. 1. Is Mr. Bowers required by law to have his residence within the District? 2. Has Mr. Bowers ceased to be an inhabitant of the District? |
It is concluded that leave to sue should be DENIED. Issued on December 26, 1990 Official Citation: 73 Ops.Cal.Atty.Gen. 427 |
| 90-892 | Hector Varela, President of the Board of Education, Bassett Unified School District, relator herein, has requested this office to grant leave to sue Edward L. Chavez in quo warranto pursuant to the terms of Code of Civil Procedure section 803. The principal issue presented is whether the offices of school district trustee and city council member are incompatible, so that upon his assumption of the later office, the proposed defendant in this action forfeited the former. |
It is concluded that leave to sue should be GRANTED. Issued on October 31, 1990 Official Citation: 73 Ops.Cal.Atty.Gen. 354 |
| 90-891 | The Alameda County Central Labor Council et al., have requested this office to grant leave to sue Lionel J. Wilson in quo warranto pursuant to section 803 o the Code of Civil Procedure to test his right to hold the office of mayor of the City of Oakland or in the alternative to hold the office of Oakland Port Commissioner. |
Leave to sue is granted. Issued on October 24, 1990 Official Citation: 73 Ops.Cal.Atty.Gen. 357 |
| 90-591 | We have reinstated the Application Pedro Pallan has filed for leave to sue the Compton Unified School District, Ted D. Kimbrough (ind. and as Superintendent of the District) and Larry Smith in quo warranto in the name of the People of the State of California pursuant to the provisions of section 803-810 of the Code of Civil Procedure. The purpose is to test Mr. Smith's right to hold the office of Personnel Commissioner on the District's Personnel Commission in lieu of Mr. Pallan. Dispute arises upon Mr. Pallan's contention that the Board of Trustees of the District erroneously believed him not to be a resident of the District and thereupon improperly considered a vacancy to exist in the position he occupied as Personnel Commissioner and chose Mr. Smith to fill it in his stead. |
It is determined that leave to sue should be GRANTED. Issued on July 26, 1990 Official Citation: 73 Ops.Cal.Atty.Gen. 197 |
| 90-493 | Charles Ray and Joe Culver have requested leave to sue in quo warranto proposed defendant John Bosta elected as a director on the board of directors of Eagle Lake Community Services District on November 3, 1987. Due to Lassen County reorganization of Community Services Districts on January 10, 1990, posses the question of whether John Bosta meets the residency requirement? |
It is concluded that leave to sue should be DENIED without prejudice. Issued on June 13, 1990 Official Citation: 73 Ops.Cal.Atty.Gen. 188 |
| 90-491 | Request to sue proposed defendant Ellwood D. Munger in quo warranto whether the office of school district trustee and the office of community services district director are incompatible, and whether upon his assumption of the latter office, Munger forfeited the former. |
It is concluded that leave to sue should be GRANTED. Issued on June 13, 1990 Official Citation: 73 Ops.Cal.Atty.Gen. 183 |
| 96-110 | Luis Patlan ("relator") has requested this office to grant leave to sue Arcadio Viveros ("defendant") in quo warranto pursuant to section 803 of the Code of Civil Procedure to rest defendant's right to hold the office of Mayor of the City of Parlier. |
Leave to sue in quo warranto is granted to test defendant's right to hold the office of mayor, where the city council appointed defendant to the office after declaring it vacant on the basis that the incumbent was no longer a resident of the city. Issued on April 11, 1996 Official Citation: 79 Ops.Cal.Atty.Gen. 21 |
| 98-1201 | Is Edward M. Kashian unlawfully holding the office of governing board member of the San Joaquin River Conservancy? |
Whether Edward M. Kashian is unlawfully holding the office of governing board member of the San Joaquin River Conservancy does not present a substantial question of fact or law; accordingly, the application for leave to sue in quo warranto is denied. Issued on March 30, 1999 Official Citation: 82 Ops.Cal.Atty.Gen. 61 |
| 13-102 |
1. Is Jack Halpin unlawfully exercising the powers and authority of a judge of the Superior Court of Shasta County? 2. Is each or any of the following practices an abuse of discretion, and either illegal or unconstitutional: (a) assigning retired judges for service in the absence of genuinely exigent or extraordinary circumstances; (b) issuing assignment orders that authorize an assigned retired judge to complete and dispose of causes and matters that the judge originally heard during the designated dates of the assignment, even when proceedings in the causes or matters continue after the designated dates; and (c) assigning the same retired judge to judicial service pursuant to successive or multiple temporary assignment orders, which may result in the retired judge serving on a court for a significant length of time? |
1. The question whether Jack Halpin is unlawfully exercising the powers and authority of a judge of the Superior Court of Shasta County does not warrant the initiation of an action in quo warranto because the issue is moot. 2. Quo warranto does not lie to determine whether each or any of the following practices is an abuse of discretion, and either illegal or unconstitutional: (a) assigning retired judges for service in the absence of genuinely exigent or extraordinary circumstances; (b) issuing assignment orders that authorize an assigned retired judge to complete and dispose of causes and matters that the judge originally heard during the designated dates of the assignment, even when proceedings in the causes or matters continue after the designated dates; and (c) assigning the same retired judge to judicial service pursuant to successive or multiple temporary assignment orders, which may result in the retired judge serving on a court for a significant length of time. The application for leave to sue in quo warranto is therefore DENIED. Issued on July 25, 2013 Official Citation: 96 Ops.Cal.Atty.Gen. 36 |
| 10-401 | Application for leave to sue in quo warranto to remove the defendant from office. | Answered by Letter on April 19, 2010 |
| 10-903 |
1. Does Government Code section 1099 apply to members of the California High-Speed Rail Authority? 2. If so, are the offices of Mayor of the City of Anaheim, member of the board of directors of the Orange County Transportation Authority, member of the Los Angeles County Metropolitan Transportation Authority, or member of the Southern California Regional Rail Authority incompatible with the office of member of the High Speed Rail Authority? 3. What are the remedies available to address the holding of incompatible offices? |
1. Government Code section 1099 applies to members of the High-Speed Rail Authority. 2. The offices of Mayor of the City of Anaheim, member of the board of directors of the Orange County Transportation Authority, member of the Los Angeles County Metropolitan Transportation Authority, and member of the Southern California Regional Rail Authority are incompatible with the office of member of the High-Speed Rail Authority. 3. Under section 1099, the holder of incompatible offices is deemed to have forfeited the first office upon acceding to the second. In the event that one holding a presumptively forfeited office refuses to relinquish that office, an action in quo warranto may lie to resolve claims regarding the disputed office. Issued on November 30, 2010 Official Citation: 93 Ops.Cal.Atty.Gen. 104 |
| 11-302 | Is Linda Sanders Rubin ineligible to serve as director of the Pioneers Memorial Healthcare District while she is employed as the Director of Dietary Services at the El Centro Regional Medical Center? |
Whether Linda Sanders Rubin is ineligible to serve as director of the Pioneers Memorial Healthcare District while she is employed as the Director of Dietary Services at the El Centro Regional Medical Center presents substantial questions of fact and law warranting judicial resolution; accordingly, the application for leave to sue in quo warranto is GRANTED. Issued on December 19, 2012 Official Citation: 95 Ops.Cal.Atty.Gen. 77 |
| 11-702 | Did the City of Bakersfield sufficiently meet and confer with the Bakersfield Police Officers Association before placing an initiative measure on the November 2010 ballot which, after it was passed by the electorate, resulted in the enactment of ordinances that (1) set a new and different pension benefit calculation formula and contribution level for City public safety officers hired on or after January 1, 2011, and (2) provided that the new benefit formula and contribution level may be amended or repealed only by a vote of the electorate? |
Leave to sue in quo warranto is GRANTED to decide whether the City of Bakersfield sufficiently met and conferred with the Bakersfield Police Officers Association before placing an initiative measure on the November 2010 ballot which, after it was passed by the electorate, resulted in the enactment of ordinances that (1) set a new and different pension benefit calculation formula and contribution level for City public safety officers hired on or after January 1, 2011, and (2) provided that the new benefit formula and contribution level may be amended or repealed only by a vote of the electorate. Issued on June 11, 2012 Official Citation: 95 Ops.Cal.Atty.Gen. 31 |
| 11-1113 | Is Richard Kuritz unlawfully holding the office of Director of the Arrowbear Park County Water District because he does not reside within the boundaries of the District? (Formerly Opinion No. 11-1115) |
Whether Richard Kuritz is unlawfully holding the office of director of the Arrowbear Park County Water District because he does not reside in the District presents substantial questions of fact and law warranting judicial resolution; accordingly, the application for leave to sue in quo warranto is GRANTED. Issued on October 9, 2012 Official Citation: 95 Ops.Cal.Atty.Gen. 43 |
| 12-107 | Proposed relator NAPA POLICE OFFICERS ASSOCIATION (“Napa POA” or “POA”), the exclusive bargaining unit for police officers and sergeants in the Napa Police Department, seeks leave to sue proposed defendant the CITY OF NAPA (“City”) in quo warranto on the following question: Does the City’s creation of a Human Resources Department and the appointment of a Human Resources Director usurp the authority of the office of Personnel Director in violation of the Napa City Charter? |
The equitable remedies of declaratory and injunctive relief that the Napa POA seeks are not available in a quo warranto action. Accordingly, leave to sue in quo warranto is DENIED. The denial of this application, however, does not preclude the Napa POA from bringing another form of legal action alleging that the City’s actions have infringed upon its interests. Issued on April 23, 2013 Official Citation: 96 Ops.Cal.Atty.Gen. 7 |
| 12-203 |
1. Does a voter-approved charter amendment, which specifies that certain supplemental cost-of-living adjustments will not be paid to retired employees of the City and County of San Francisco (City) and their covered beneficiaries “unless the Retirement System was also fully funded based on the market value of the assets for the previous year,” violate the vested pension rights of retired City employees and their covered beneficiaries? 2. Did the City’s Board of Supervisors secure an actuarial report on the cost and effect of the proposed charter amendment before voting to submit that charter amendment to City voters? |
Because Proposed Relator’s claims do not implicate the state’s sovereign interest in the enforcement of state laws respecting the amendment of city charters, and because it is not in the general public interest for us to authorize the filing of the proposed quo warranto action under the circumstances, leave to sue in quo warranto is DENIED. The denial of this application, however, does not preclude Proposed Relator from bringing another form of legal action on its own behalf to challenge the substantive validity of the charter amendment at issue. Issued on December 14, 2012 Official Citation: 95 Ops.Cal.Atty.Gen. 50 |
| 97-206 | Does the doctrine of incompatible public offices preclude a person from holding simultaneously the positions of South Gate City Treasurer and Central Basin Municipal Water District Director? |
The holding simultaneously of the positions of South Gate City Treasurer and Central Basin Municipal Water District Director presents substantial questions of fact and law concerning the application of the incompatible public offices doctrine that warrants the granting of leave to sue in quo warranto. Issued on September 29, 1997 Official Citation: 80 Ops.Cal.Atty.Gen. 242 |
| 07-606 | Is Edmund Jew unlawfully holding the office of member of the San Francisco Board of Supervisors? |
Whether Edmund Jew is unlawfully serving as a member of the Board of Supervisors of the City and County of San Francisco because he has not resided in District Four at all times required by the city’s charter presents substantial questions of fact and law warranting judicial resolution; the application for leave to sue in quo warranto is GRANTED. Issued on October 18, 2007 Official Citation: 90 Ops.CaI.Atty.Gen. 82 |
| 97-1102 | When a school district is reorganized and a trustee of the reorganized district is elected to the board of trustees of the newly formed district, does the common law doctrine of incompatible public offices prohibit the trustee from continuing to serve on the board of the reorganized district until it is dissolved, even though a statutory prohibition against such dual office holding has been waived by the State Board of Education? |
Granting leave to sue in quo warranto in the present circumstances would not serve the public interest in determining whether a trustee of a newly formed school district may continue to serve as a trustee of a reorganized district until it is dissolved where a statutory prohibition against such dual office holding has been waived by the State Board of Education and only a matter of months remain before the reorganized district is dissolved. Issued on January 16, 1998 Official Citation: 81 Ops.Cal.Atty.Gen. 51 |
| 97-801 | Did the "de facto annexation" of an area known as Santa Ana Heights by the Irvine Ranch Water District Water Service Company, following its merger with the Santa Ana Heights Water Company which had previously served that area, without the approval of the Local Agency Formation Commission of Orange County and without a certificate of public convenience and necessity issued by the Public Utilities Commission, violate state law? |
Granting leave to sue in quo warranto would not serve the public interest in determining whether the "de facto annexation" of an area known as Santa Ana Heights by the Irvine Ranch Water District Water Service Company, following its merger with the Santa Ana Heights Water Company which has previously served that area, without the approval of the Local Agency Formation Commission of Orange County and without a certificate of public convenience and necessity issued by the Public Utilities Commission violated state law. Issued on October 17, 1997 Official Citation: 80 Ops.Cal.Atty.Gen. 279 |
| 97-606 | Are the officers of the Filipino American Council of San Francisco usurping, intruding into, or are they unlawfully holding or exercising the franchise of the council? |
Granting leave to sue in quo warranto would not serve the public interest in determining whether the officers of the Filipino American Council of San Francisco are usurping, intruding into, or unlawfully holding or exercising the franchise of the council. Issued on October 21, 1997 Official Citation: 80 Ops.Cal.Atty.Gen. 290 |
| 01-905 | Is Ahmad Mansur unlawfully holding the office of tenant representative on the Oakland Housing Residential Rent and relocation Board as a result of the removal of Andrew Wolff from such office? |
Whether Ahmad Mansur is unlawfully holding the office of tenant representative on the Oakland Housing Residential Rent and Relocation Board as a result of the removal of Andrew Wolff from such office does not warrant the initiation of an action in quo warranto. Issued on December 7, 2001 Official Citation: 84 Ops.Cal.Atty.Gen. 206 |
| 00-605 |
1. Is residence within a school district a qualification for election to the governing board of the district? 2. Did Donald Elholm comply with the residence qualification for election to the governing board of the Lost Hills Union School District? 3. Is continued residence within a school district required during the entire term of office of a governing board of member? 4. Have Donald Elholm and Santiago Gaona complied with the residence requirement for continued service as members of the governing board of the Lost Hills Union School District? 5. Is it in the public interest to grant the application for leave to sue in quo warranto to remove Donald Elholm and Santiago Gaona from office? |
1. Residence within a school district is a qualification for election to the governing board of the district. 2. Whether Donald Elholm complied with the residence qualification for election to the governing board of the Lost Hills Union School District presents a substantial issue of fact. 3. Continued residence within a school district is required during the entire term of office of a governing board member. 4. Whether Donald Elholm and Santiago Gaona have complied with the residence requirement for continued service as members of the governing board of the Lost Hills Union School District presents substantial issues of fact. 5. It is not in the public interest to grant the application for leave to sue in quo warranto to remove Donald Elholm and Santiago Gaona from office. Issued on August 8, 2000 Official Citation: 83 Ops.Cal.Atty.Gen. 181 |
| 99-809 | May the Bipartisan Commission on the Political Reform Act of 1974 be restrained from taking any action, including the expenditure of public funds, on the grounds that it is illegally constituted? |
Quo warranto does not lie to determine whether the Bipartisan Commission on the Political Reform Act of 1974 may be restrained from taking any action, including the expenditure of public funds, on the grounds that it is illegally constituted. Moreover, recent legislation will confirm the present composition of the commission on January 1, 2000, so as to render the question virtually moot. Thus, a quo warranto proceeding now would not be in the public interest. Issued on November 16, 1999 Official Citation: 82 Ops.Cal.Atty.Gen. 219 |
| 99-614 | May a person with a background in the field of management serve as the public member of the Occupational Safety and Health Standards Board? |
Whether a person with a background in the field of management may serve as the public member of the Occupational Safety and Health Standards Board presents substantial issues of fact and law that warrant the granting of leave to sue in quo warranto. Issued on August 4, 1999 Official Citation: 82 Ops.Cal.Atty.Gen. 154 |
| 99-207 | Does the doctrine of incompatible public offices preclude a person from holding simultaneously the positions of director of the Victor Valley Water District and city council member of the City of Victorville? |
The holding simultaneously of the positions of director of the Victor Valley Water District and city council member of the City of Victorville presents substantial questions of fact and law concerning the application of the incompatible public offices doctrine that warrants the granting of leave to sue in quo warranto. Issued on April 13, 1999 Official Citation: 82 Ops.Cal.Atty.Gen. 74 |
| 99-206 | Does the doctrine of incompatible public offices preclude a person from holding simultaneously the positions of planning commissioner of the City of Victorville and director of the Victor Valley Water District? |
The holding simultaneously of the positions of planning commissioner of the City of Victorville and director of the Victor Valley Water District presents substantial questions of fact and law concerning the application of the incompatible public offices doctrine that warrants the granting of leave to sue in quo warranto. Issued on April 13, 1999 Official Citation: 82 Ops.Cal.Atty.Gen. 68 |
| 03-305 | Are the San Rafael Rock Quarry, Inc., the Dutra Group, Dutra Materials, and Dutra Dredging unlawfully holding or exercising their corporate franchises? |
The filing of a quo warranto action to determine whether the San Rafael Rock Quarry, Inc., the Dutra Group, Dutra Materials, and Dutra Dredging are unlawfully holding or exercising their corporate franchises would not be in the public interest due to pending litigation involving the same underlying allegations and thus the application for leave to sue is denied. Issued on May 29, 2003 Official Citation: 86 Ops.Cal.Atty.Gen. 76 |
| 03-315 |
1. Did Dr. Jay Betz comply with the residence qualification for election to the governing board of the Pleasant Ridge Union Elementary School District? 2. Is it in the public interest to grant the application for leave to sue in quo warranto to remove Dr. Jay Betz from office? |
1. Whether Dr. Jay Betz complied with the residence qualification for election to the governing board of the Pleasant Ridge Union Elementary School District presents a substantial question of law. 2. It is in the public interest to grant the application for leave to sue in quo warranto to remove Dr. Jay Betz from office. Issued on May 30, 2003 Official Citation: 86 Ops.Cal.Atty.Gen. 82 |
| 03-409 | Does the Los Angeles County Charter violate the Constitution by placing term limits on the office of sheriff? |
Whether the Los Angeles County Charter violates the Constitution by placing term limits on the office of sheriff presents a substantial question of law requiring judicial resolution; leave to file a quo warranto action is granted in the public interest. Issued on June 20, 2003 Official Citation: 86 Ops.Cal.Atty.Gen. 127 |