California Attorney General Opinion 24-802

Syllabus

QUESTIONS: The SAN DIEGO POLICE OFFICERS' ASSOCIATION has applied for leave to sue the CITY OF SAN DIEGO and the SAN DIEGO CITY COUNCIL in quo warranto. In a previous quo warranto lawsuit, the superior court invalidated San Diego City Charter provisions added by a 2012 ballot initiative, Proposition B. The Association contends that the earlier quo warranto judgment requires the City to restore pre-Proposition B benefits coverage in the San Diego Municipal Code. CONCLUSIONS: The Association's proposed lawsuit meets all three of the Attorney General's criteria to grant leave to sue: quo warranto is the appropriate remedy; the application raises a substantial legal issue; and resolution of that issue would serve the public interest. Consequently, we GRANT leave to sue.