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76 California Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagca0076 and id is 1 raw text is: Opinion No. 92-1010-March 3, 1993
Requested by: DEBRA DORST-PORADA, RELATOR
Opinion by: DANIEL E. LUNGREN, Attorney General
Clayton P. Roche, Deputy
DEBRA DORST-PORADA, RELATOR, has requested leave to sue
James R. Fatland in quo warranto pursuant to section 803 of the Code of
Civil Procedure to test his right to hold the office of Mayor of the City
of Ontario.
CONCLUSION
Leave to sue is granted to test whether Mayor Fatland forfeited his office
under the terms of Article XII, section 7 of the California Constitution.
FACTUAL ALLEGATIONS
Relator alleges that on or about July 1, 1992, Mayor Fatland, who was
planning a vacation trip to Hawaii with his family, requested Hawaiian
Airlines employees to upgrade two round-trip coach tickets (his and his
wife's) to first class tickets without any additional charge to him. His two
coach tickets were in fact upgraded by the carrier without charge to him.
Mayor Fatland asserts that he did not request Hawaiian Airlines to
upgrade his tickets, but that such was done on a unilateral basis by the airline
itself. This is supported by an affidavit of an official of Hawaiian Airlines
who states that he was authorized for promotional purposes to grant
approximately 20 first-class upgraded tickets to high profile, prominent
members of the community. The promotional activities were to generate
business for the airline's new service from Ontario International Airport
to Hawaii, and the official indicates that he personally knew Mayor Fatland
and considered him to meet the criteria for receiving the free upgraded
tickets.
Mayor Fatland states that when he learned after his Hawaiian trip that
acceptance of the first-class upgraded tickets might constitute a violation
of the Constitution, he paid the airline for the upgraded tickets. Mayor
Fatland also states that the application for leave to sue was initiated by
persons who differ with his views regarding developmental matters in the
City of Ontario.
Finally, Mayor Fatland alleges that as mayor, he has no ability to aid
Hawaiian Airlines, since Ontario International Airport is administered by
the Los Angeles Department of Airports. In response, the relator cites
(Matthew Bender & Co., Inc.)

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