Opinion No. (2004)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General ANTHONY J. BEJARANO has requested leave to sue in quo warranto upon the following question: Is Blanca Estella Rubio unlawfully holding the office of director of the Valley County Water District since she simultaneously holds the office of trustee of the Baldwin Park Unified School District? CONCLUSION Whether Blanca Estella Rubio is unlawfully holding the office of director of the Valley County Water District since she simultaneously holds the office of trustee of the Baldwin Park Unified School District presents substantial issues of fact and law requiring judicial resolution. ANALYSIS Anthony J. Bejarano ("Relator") alleges that Blanca Estella Rubio ("Defendant") is simultaneously holding two public offices in violation of the common law rule, applicable in California, prohibiting the simultaneous holding of "incompatible public offices." (See Civ. Code, § 22.2 ; Mott v. Horstmann (1950) 36 Cal.2d 388 , 391-392 ; People ex rel. Chapman v. Rapsey (1940) 16 Cal.2d 636 , 640-644 ; Eldridge v. Sierra View Local Hospital Dist. (1990) 224 Cal.App.3d 311 , 319 .) The two offices in question are director of the…