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CITY OF CAMPBELL v. MOSK

Docket No. 19657.

197 Cal.App.2d 640 (1961)

17 Cal. Rptr. 584

CITY OF CAMPBELL, Plaintiff and Appellant, v. STANLEY MOSK, as Attorney General, et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

December 4, 1961.

Attorney(s) appearing for the Case

Joseph A. Bonacina, City Attorney, for Plaintiff and Appellant.

Stanley Mosk, Attorney General, Charles A. Barrett, Assistant Attorney General, Clayton P. Roche, Deputy Attorney General, Ferdinand P. Palla, City Attorney (San Jose), Richard K. Karren, Senior Assistant City Attorney, and Harry Kevorkian, Assistant City Attorney, for Defendants and Respondents.

TOBRINER, J.

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...

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