City of Campbell v. Mosk

We must determine here whether this court will command the Attorney General to grant leave to appellant City of Campbell to sue the City of San Jose in quo warranto in order to litigate the validity of San Jose’s annexation of certain territory. We must define the nature of the obligation of the Attorney General to grant such leave. As we shall point out, we believe that there reposes in the Attorney General the right to exercise discretion in permitting the institution of suit in quo warranto. Only in the event of an extreme abuse will the courts intervene to set aside the result of the…