Opinion No. (2004)

BILL LOCKYER Attorney General DANIEL G. STONE Deputy Attorney General BEVERLY HARRY AND PATRICK McLERNON request leave to sue in quo warranto upon the following question: May Jack Goodrich simultaneously hold the two offices of county veterans service officer and undersheriff for the County of Inyo? CONCLUSION Whether Jack Goodrich may simultaneously hold the two offices of county veterans service officer and undersheriff for the County of Inyo does not present a substantial issue of fact or law requiring judicial resolution. ANALYSIS On January 1, 1995, Jack Goodrich ("Defendant") was appointed to the office of undersheriff for the County of Inyo ("County"). On July 17, 2001, Defendant was appointed to the office of county veterans service officer ("CVSO") for the County. Beverly Harry and Patrick McLernon ("Relators") allege that Defendant may not lawfully hold both offices at the same time and request permission to file a "quo warranto" action to remove Defendant from the office of undersheriff. 1 Code of Civil Procedure section 803 provides in part: "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…