California Attorney General Opinion 25-301

Syllabus

QUESTIONS: Proposed Relator HIRAM SOTO (Relator) has applied for leave to sue the CITY OF POWAY in quo warranto to remove CHRISTOPHER PIKUS from office as a member of the Poway City Council. The application alleges that Pikus's appointment to the City Council was invalid because it was not supported by the necessary votes of a majority of the eligible councilmembers. Former Councilmember Brian Pepin voted in the majority, and Relator alleges that Pepin was not a resident of his electoral district at the time of the vote and was therefore no longer a qualified councilmember. CONCLUSIONS: While quo warranto may have been available to directly challenge former Councilmember's Pepin's right to hold office after he allegedly vacated his district residence and before he cast his vote, Soto may not use the quo warranto remedy to oust current Councilmember Pikus from office by retroactively challenging Pepin's right to vote. In light of the de facto officer doctrine, which precludes such challenges, we conclude that Relator presents no substantial question of law or fact that warrants judicial resolution and that the public interest would not be served by granting Relator's application here. Accordingly, the application for leave to sue is DENIED.