SECTIONS 802-811 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 802-811

802. The writ of sire facies is abolished.

803. 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
complaint of a private party, against any person who usurps, intrudes
into, or unlawfully holds or exercises any public office, civil or
military, or any franchise, or against any corporation, either de
jure or de facto, which usurps, intrudes into, or unlawfully holds or
exercises any franchise, within this state. And the attorney-general
must bring the action, whenever he has reason to believe that any
such office or franchise has been usurped, intruded into, or
unlawfully held or exercised by any person, or when he is directed to
do so by the governor.

804. Whenever such action is brought, the Attorney General, in
addition to the statement of the cause of action, may also set forth
in the complaint the name of the person rightly entitled to the
office, with a statement of his right thereto.

805. In every such action judgment may be rendered upon the right
of the defendant, and also upon the right of the party so alleged to
be entitled, or only upon the right of the defendant, as justice may
require.

806. If the judgment be rendered upon the right of the person so
alleged to be entitled, and the same be in favor of such person, he
will be entitled, after taking the oath of office and executing such
official bond as may be required by law, to take upon himself the
execution of the office.

807. If judgment be rendered upon the right of the person so
alleged to be entitled, in favor of such person, he may recover, by
action, the damages which he may have sustained by reason of the
usurpation of the office by the defendant.

808. When several persons claim to be entitled to the same office
or franchise, one action may be brought against all such persons, in
order to try their respective rights to such office or franchise.

809. When a defendant, against whom such action has been brought,
is adjudged guilty of usurping or intruding into, or unlawfully
holding any office, franchise, or privilege, judgment must be
rendered that such defendant be excluded from the office, franchise,
or privilege, and that he pay the costs of the action. The Court may
also, in its discretion, impose upon the defendant a fine not
exceeding five thousand dollars, which fine, when collected, must be
paid into the Treasury of the State.