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. And the attorney-general must bring the action, whenever he has reason to believe that any such office or franchise has been usurped, intruded into, or unlawfully held or exercised by any person, or when he is directed to do so by the governor.
Cal. Civ. Proc. Code § 803
Actions for the Usurpation of an Office or Franchise
Applied in 1 court decision — leading case 111 F. App'x 885 - D'Agostino v. Delgadillo (2004)
Most recently applied in 111 F. App'x 885 - D'Agostino v. Delgadillo (October 2004)
Amended by Stats. 1907, Ch. 324.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.