Becerra, 110217 CAAGO, AGO 17-305

• Case Date: November 02, 2017
• Court: California

XAVIER BECERRA Attorney General ANYA M. BINSACCA Deputy Attorney General AGO 17-305 No. 17-305 California Attorney General Opinion Office of the Attorney General State of California November 2, 2017          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.          CONCLUSION          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.          ANALYSIS          Standard for Approving a Quo Warranto Application          Quo warranto is the form of action used to challenge whether a person is unlawfully holding a public office.^[1] The process is authorized by Code of Civil Procedure section 803, which provides: "An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon a complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise, or against any corporation, either de jure or de facto, which usurps, intrudes into, or unlawfully holds or exercises any franchise, within this state."2          Where the quo warranto action is initiated "upon a complaint of a private party,"3the Attorney General acts as a gatekeeper; the party must obtain the Attorney General's permission before filing an action in superior court.4          In evaluating whether to grant leave to sue, we do not endeavor to resolve the merits of the controversy, but rather "decide whether the application presents substantial issues of fact or law that warrant judicial resolution, and whether granting the...