Actions Against Usurping Public Office

Code of Civil Procedure Part 2, Title 10, Chapter 5 deals with actions for the usurpation of an office or franchise in California. Section 802 abolished the writ of sire facies.

Section 803 authorizes an action to 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.

Section 804 provides that, whenever the action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightly entitled to the office, with a statement of his right.

Section 805 says that, in every such action judgment may be rendered upon the right of the defendant, and also upon the right of the party so alleged to be entitled, or only upon the right of the defendant, as justice may require.

Section 806 specifies that, if the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he will be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office.

Section 807 states that, if judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he may have sustained by reason of the usurpation of the office by the defendant.

Section 808 specifies that, when several persons claim to be entitled to the same office or franchise, one action may be brought against all the persons, in order to try their respective rights to such office or franchise.

Section 809 says that, when a defendant against whom an action has been brought is adjudged guilty of usurping or intruding into any office, franchise, or privilege, judgment must be rendered that the defendant be excluded from the office, franchise, or privilege.

Section 810 states that, if the action is brought upon the information or application of a private party, the Attorney General may require that party to enter into an undertaking, with sureties to be approved by the Attorney General.

Section 811 provides that the action provided for in this chapter may be maintained by the board of supervisors of any county or city and county or the legislative body of any municipal corporation in the name of the county, city and county or municipal corporation against any person who usurps, intrudes into or unlawfully holds or exercises any franchise, or portion thereof, within the respective territorial limits of such county, city and county or municipal corporation and which is of a kind that is within the jurisdiction of such board or body to grant or withhold.