What is the test for bringing a civil action against a county, town, city or city and county of the state?

California, United States of America


The following excerpt is from Graham v. Cal. Bd. of Educ., B245288 (Cal. App. 2014):

Code of Civil Procedure section 526a provides that an action may be maintained against any "county, town, city or city and county of the state" or "against any officer thereof, or any agent, or other person, acting in its behalf," to restrain and prevent "any illegal expenditure of, waste of, or injury to, the estate, funds, or other property of a county, town, city or city and county of the state." Although the statute refers to local governments, suit may also be brought against a state agency or officer. (Cates v. California Gambling Control Com. (2007) 154 Cal.App.4th 1302, 1308 (Cates); California Assn. for Safety Education v. Brown (1994) 30 Cal.App.4th 1264, 1281.)

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