California Court of Appeal

The Attorney General is authorized to bring an action against allegedly corrupt individuals to remove a charter city from their control and seek restitution for the city, where: 1) the Attorney General has standing to pursue this action on behalf of the city; 2) although separation of powers and legislative immunity bar pursuit of this action with respect to acts within the discretion of City officials, these doctrines do not prevent the action from proceeding with respect to defendants' allegedly ultra vires acts; 3) legislative privilege applies to the cause of action for fraud based on the misleading ordinance, but not the cause of action for fraud based on the misleading memorandum; and thus, 4) the trial court erred in sustaining defendants' demurrers without leave to amend; but 5) the trial court did not err in denying the Attorney General's motion to stay proceedings pending resolution of the criminal actions against defendants.

Appellate Information

• Decided 03/20/2013
• Published 03/20/2013

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel