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2023 Op. Cal. Att'y Gen. 1 (2023)

handle is hein.sag/sagca0173 and id is 1 raw text is: TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL State of California ROB BONTA Attorney General OPINION No. 22-803 of January 26, 2023 ROB BONTA Attorney General CATHERINE BIDART Deputy Attorney General 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. INTRODUCTION AND BACKGROUND The City of Compton is a charter city that is governed by a five-member city council. In March 2022, former Compton City Councilmember Michelle Chambers resigned from the Council. The appointment to fill this vacancy was placed on the agenda for the regular council meeting held April 5, 2022. At that meeting, the four remaining members considered several motions to appoint a replacement. The votes on 1 22-803