California Attorney General Opinion 26-401

Syllabus

QUESTIONS: Proposed relator JEFFREY CARR applies to this office for leave to sue JACLYN LABARBERA in quo warranto to remove her from her public office on the Anderson Union High School District Board of Trustees. The application asserts that LaBarbera, while serving in that position, assumed a second and incompatible public office as a member of the Shasta County Board of Education, in violation of Government Code section 1099, and by doing so forfeited her seat on the Anderson Union High School District Board. CONCLUSIONS: We conclude there is a substantial legal issue regarding whether LaBarbera is simultaneously holding incompatible public offices. Consequently, and because the public interest will be served by allowing the proposed quo warranto action to proceed, the application for leave to sue is GRANTED.