People ex rel. Lacey v. Robles
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The District Attorney sued defendant in quo warranto, contending that defendant was violating Government Code section 1099, which makes it unlawful to simultaneously hold incompatible public offices. In this case, defendant served simultaneously as a member of the board of directors of the Water Replenishment District of Southern California (WRD) and as mayor of Carson, California.
The Court of Appeal held that the District Attorney properly initiated the quo warranto action under Code of Civil Procedure section 803. The court also held that defendant's dual offices were incompatible because they gave rise to a possibility of conflict in duties or loyalties and there was no law compelling or expressly authorizing him to hold both offices. Finally, the court held that the District Attorney was not required to reapply for leave to maintain the quo warranto suit; the order precluding defendant from deposing the District Attorney was not an abuse of discretion; and the trial court did not rely on evidence previously excluded as inadmissible.
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