Los Angeles City Ethics Commission v. Superior Court

Good Law
11 Cal. Rptr. 2d 150·1992 Cal. App. LEXIS 1023·8 Cal. App. 4th 1287·92 Daily Journal DAR 11579·92 Cal. Daily Op. Serv. 7197
Court of Appeal of CaliforniaAugust 20, 1992B064707California6,731 words

Opinion

Opinion

Croskey, J.

By this mandate proceeding we are asked to reverse an order by the superior court enjoining the Los Angeles City Ethics Commission (Commission) from participating or assisting in an on-going criminal investigation by the district attorney into certain activities of members of the office of the Los Angeles City Attorney. Our resolution of this case requires an examination of the ordinance, approved by the voters in 1990, which created the Commission and its authority. We will conclude that the acts of the Commission enjoined by the trial court were lawful and clearly authorized by the ordinance. We will therefore issue a writ of mandate.

The Commission, as petitioner, seeks such extraordinary relief in an action commenced by the real party in interest, Charles Fuentes (Fuentes) who, as a target of the district attorney’s investigation, sought to limit and restrain what he claims was the improper and unauthorized participation of the Commission. Fuentes is the chief administrative officer of the city attorney’s office and also serves as vice-chairman of the State Democratic Party.

Factual and Procedural Background

The facts before us are not in dispute, and we accept as…

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