Is there a basis for an action to prevent or restrain illegal expenditure of County funds pursuant to Code of Civil Procedure section 526a?
California, United States of America
The following excerpt is from Howard Jarvis Taxpayers' Assn. v. Board of Supervisors, 41 Cal.App.4th 1363, 49 Cal.Rptr.2d 157 (Cal. App. 1996):
In light of the failure to allege violations of law, there is no basis for an action to prevent or restrain "illegal expenditure" of County funds pursuant to Code of Civil Procedure section 526a. (Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1109, 40 Cal.Rptr.2d 402, 892 P.2d 1145.) The demurrers to this cause of action were properly sustained.
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