2. Removal of Public Officials
Government Code Section 3060 Accusation
An accusation in writing against any officer of a district, county,
or city, including any member of the governing board or personnel
commission of a school district or any humane officer, for willful
or corrupt misconduct in office, may be presented by the grand jury
of the county for or in which the officer accused is elected or
appointed. An accusation may not be presented without the
concurrence of at least 12 grand jurors, or at least eight grand
jurors in a county in which the required number of members of the
grand jury is 11.
Government Code Section 3069
If the defendant pleads guilty, or refuses to answer the
accusation, the court shall render judgment of conviction against
him. If he denies the matters charged, the court shall
immediately, or at such time as it appoints, try the accusation.
Government Code Section 3070
The trial shall be by a jury, and conducted in all respects in the
same manner as the trial of an indictment.
Government Code Section 3072
Upon a conviction and at the time appointed by the court it shall
pronounce judgment that the defendant be removed from office. To
warrant a removal, the judgment shall be entered upon the minutes,
and the causes of removal shall be assigned therein.
Government Code Section 3074
Any officer subject to removal pursuant to this article may be
removed from office for willful or corrupt misconduct in office
occurring at any time within the six years immediately preceding
the presentation of an accusation by the grand jury.
Code of Civil Procedure Section 803 Quo Warranto
An action may 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. And the attorney
general must bring the action, whenever he has reason to believe
that any such office or franchise has been usurped, intruded into,
or unlawfully held or exercised by any person, or when he is
directed to do so by the governor.
Code of Civil Procedure Section 809
When a defendant, against whom such action has been brought, is
adjudged guilty of usurping or intruding into, or unlawfully
holding any office, franchise, or privilege, judgment must be
rendered that such defendant be excluded from the office,
franchise, or privilege, and that he pay the costs of the action.
The court may also, in its discretion, impose upon the defendant a
fine not exceeding five thousand dollars, which fine, when
collected, must be paid into the treasury of the state.
Code of Civil Procedure Section 810
When the action is brought upon the information or application of
a private party, the attorney-general may require such party to
enter into an undertaking, with sureties to be approved by the
attorney-general, conditioned that such party or the sureties will
pay any judgment for costs or damages recovered against the
plaintiff, and all the costs and expenses incurred in the
prosecution of the action.
Code of Civil Procedure Section 811
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, respectively, in the
name of such 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.