Legal Opinions of the Attorney General -
Yearly Index

Opinions published in 2018

Opinion Question Conclusion Published
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.

Official Citation: 101 Ops.Cal.Atty.Gen. 24
04/24/2018
17-702 Does the power of referendum apply to a resolution by the City of Hollister approving the execution of an agreement to sell real property for development, pursuant to an approved long-range property management plan for disposing a dissolved redevelopment agency’s property? The City of Hollister’s resolution approving the execution of an agreement to sell real property for development, pursuant to an approved plan for disposing a dissolved redevelopment agency’s property, is not subject to referendum.

Official Citation: 101 Ops.Cal.Atty.Gen. 34
04/27/2018
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.

Official Citation: 101 Ops.Cal.Atty.Gen. 16
04/11/2018
14-301 1. May a city council member who is also an attorney advocate on behalf of a client’s interests when those interests are adverse to the city?

2. May a city council member who is also an attorney participate in a governmental decision concerning a client’s interests when those interests are adverse to the city?
1. A city council member who is also an attorney may not advocate on behalf of a client’s interests when those interests are adverse to the city.

2. A city council member who is also a practicing attorney may not participate in a governmental decision concerning a client’s interests when those interests are adverse to the city.

Official Citation: 101 Ops.Cal.Atty.Gen. 1
04/03/2018