California Court of Appeal

In a county assessor's ex parte proceeding, seeking an order directing that the county engage a particular attorney as independent counsel for him in lieu of representation from the county counsel, in connection with his challenge to the county board of supervisors' decision to settle a refund claim, the judgment of the trial court is reversed where: 1) the trial court erred because under the plain language of section 31000.6, the court has no authority to do anything other than determine whether a conflict of interest exists and determine whether an ethical wall can be created to remedy the conflict; and 2) to the extent the court found the assessor was acting within the performance of his duties and ordered the board to select an employee independent counsel for the assessor, the court acted beyond its limited authority in the ex parte proceeding before it.

Appellate Information

• Decided 09/15/2010
• Published 09/16/2010

Judges

• ROBIE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dennis M. Cota, Ronald S. Erickson