Rando

Real party in interest Frank Quintero (Quintero) was appointed to fill a vacant position on the city council for real party in interest the city of Glendale (City). Petitioners and appellants John Rando and Mariano Rodas thereafter submitted an application for leave to sue in quo warranta to respondent Kamala Harris, the Attorney General for the State of California (Attorney General). They argued Quintero’s appointment violated the City charter. The Attorney General denied the application and the trial court denied appellants’ petition for writ of mandate challenging that decision.

We affirm. The Attorney General did not abuse her discretion in determining that it was not in the public interest to authorize the initiation of a quo warranta action.

FACTUAL AND PROCEDURAL BACKGROUND

City of Glendale Governance.

The City is governed by a City charter (Charter). Article IV, section 3 of the Charter provides that City council members are compensated. Article VI of the Charter contains provisions regarding “[t]he Council Generally” and in section 13 specifies how a vacancy on the City council must be filled, providing, “[a]ny vacancy occurring in the council shall be filled…