Opinion No. (2000)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General JEFFREY H. GREENWALD has requested this office to grant leave to sue in quo warranto upon the following question: Did Alameda County Deputy District Attorney Philip G. Daly fail to file an oath of office with the County Clerk, County of Alameda, within the time prescribed by law, so as to create a vacancy in his office of Alameda County Deputy District Attorney? CONCLUSION Alameda County Deputy District Attorney Philip G. Daly did not fail to file an oath of office with the County Clerk, County of Alameda, within the time prescribed by law, so as to create a vacancy in his office of Alameda County Deputy District Attorney. ANALYSIS Jeffrey H. Greenwald ("Relator") contends that Philip G. Daly ("Defendant") is unlawfully holding and exercising the privileges of office as an Alameda County Deputy District Attorney. On August 5, 1985, Defendant was appointed to office by Alameda County District Attorney John J. Meehan and took and subscribed the oath of office before Alameda County Deputy County Clerk Ninfa Wood. A copy of the oath of office is currently on file in the office of Barbara Klatt, Deputy Clerk for…