What is the test for the Attorney General to be able to bring a civil action against a corporation in the absence of a showing of extreme and indefensible abuse?

California, United States of America


The following excerpt is from City of Campbell v. Mosk, 17 Cal.Rptr. 584, 197 Cal.App.2d 640 (Cal. App. 1961):

We do not find a showing of such extreme and indefensible abuse in the instant case. In the exercise of his discretion the Attorney General must essentially determine whether the public interest would be subserved by the institution of the suit. As stated in State Railroad Commission v. People (1908) 44 Colo. 345, 98 P. 7, at page 11, 22 L.R.A.N.S., 810: 'Primarily, this remedy belongs to the state, in its sovereign capacity, to protect the interests of the people as a whole and guard the public welfare * * *. [t]he Attorney General * * * is the proper one to determine, in the first instance, when the interests of the public justify a resort to this remedy.'

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