Whenever such action is brought, the Attorney General, in addition to the statement of the cause of action, may also set forth in the complaint the name of the person rightly entitled to the office, with a statement of his right thereto.
§ 804.Name of Person Rightly Entitled to Office Included In Complaint
Title 10. Actions In Particular Cases · Chapter 5. Actions for the Usurpation of an Office or Franchise · Last amended 1973 · Last verified July 28, 2026
In one sentenceSection 804 lets the Attorney General, when filing this action, add to the complaint the name of the person who is rightly entitled to the disputed office along with a statement explaining that person's claim to it.
Full Text of § 804
Plain-English Summary
This is a small but useful addition to the Attorney General's toolkit. Beyond alleging that the defendant is wrongfully holding an office, the Attorney General may also name, in the same complaint, the person who is rightly entitled to hold it and explain the basis for that person's right.
Combining both allegations in one complaint sets up the two-track judgment that § 805 authorizes — one finding on whether the defendant's occupation was wrongful, and a separate finding on whether the named claimant's right is valid. That, in turn, opens the door for the rightful claimant to step into the office under § 806 and to recover damages under § 807, all within the single action the Attorney General filed.
Frequently Asked Questions
Does the Attorney General have to name a rival claimant to the office?
No. Section 804 makes it optional — the Attorney General "may" include the name and a statement of that person's right, not must.
What's the benefit of naming the rightful claimant in the complaint?
It lets the court resolve both the defendant's wrongful occupation and the claimant's right to the office in the same proceeding, setting up relief under §§ 805 through 807.
Who decides whether to name a rival claimant?
The Attorney General, since this action is brought and controlled by the Attorney General under § 803.
Amendment History
Amended by Stats. 1973, Ch. 20.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: naming rightful claimant office usurpation california