The People ex rel. City of Commerce v. Argumedo

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The Court of Appeal affirmed the trial court's judgment rejecting the City's attempt to oust defendant from his seat on the City Council in this quo warranto action. The City argued that defendant's prior guilty plea for misdemeanor obstruction of justice constituted a conviction for "malfeasance in office" within the meaning of article VII, section 8, subdivision (b) of the California Constitution that forever disqualified him from public office under Government Code section 1021. The court held that the record of defendant's conviction for obstruction of justice did not establish a conviction for malfeasance in office under article VII, section 8, subdivision (b).The court also affirmed the trial court's post-judgment order denying defendant's motion for an award of attorney fees under Code of Civil Procedure section 1021.5. The court held that the attorney fees defendant incurred were not out of proportion to his individual stake in the matter and the trial court did not abuse its discretion in declining to shift the financial burden of his defense. View "The People ex rel. City of Commerce v. Argumedo" on Justia Law