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California Attorney General Opinions

Free plain-English summaries of attorney general opinions issued in California, with full citations and the original source on every page.

123 opinions · Updated July 27, 2026
9 opinions Statutory Construction

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Is the probable-cause standard for a California grand jury indictment lower than preponderance of the evidence, and when prosecutors instruct a grand jury under Penal Code § 939.8, must they tell the jury it 'should' indict (instead of 'shall' indict) to avoid constitutional problems?

Two answers. (1) Yes, probable cause is a lower standard than preponderance of the evidence. The prosecution has to show enough to support a 'strong suspicion of guilt,' which is below 'more likely th…

June 26, 2024

Can a California civil grand jury inspect the county jail, or is its 'public prisons' inspection power limited to state prisons?

Yes, civil grand juries can inspect county jails. The AG concluded that 'public prisons' in Penal Code section 919(b) is a generic term that includes local detention facilities, not a synonym for stat…

March 10, 2022

Can a California county recorder pull back base recording fees that the county deposited in the general fund, or offset them against other county charges?

No to both. The AG concluded that base recording fees collected under Government Code section 27361(a) belong to the county as a whole, not to the recorder. The board of supervisors decides how to bud…

August 5, 2021

How long does a county nuisance abatement lien last in California, and does it expire after 10 years like a judgment lien?

It lasts until released. The AG concluded that a Government Code section 25845 nuisance abatement lien does not expire after ten years the way a judgment lien does, even though the statute borrows oth…

February 16, 2021

Does the $75 Building Homes and Jobs Act recording fee under Government Code section 27388.1 apply to a record of survey?

Yes. The AG concluded that a record of survey is a document 'relating to real property' under section 27388.1 and is subject to the $75 fee, unless one of the statute's exceptions (residential owner-o…

August 23, 2019

If only one person files for a California water district seat and the appointment to fill the seat would create incompatible-office issues, can the county board of supervisors decline to appoint?

No. Elections Code section 10515(a) requires the board of supervisors to appoint the unopposed candidate. The mandatory language admits no incompatibility-based discretion at the appointment stage. Bu…

August 23, 2018

Can a city sue in California to remove a water district director, claiming the district wrongly excluded the city's nominee from the appointment ballot?

The AG granted the City of Huntington Park leave to sue in quo warranto. The dispute presented substantial legal and factual questions about whether the city's nominee qualified as a 'representative o…

April 24, 2018

Can the California AG grant leave to sue in quo warranto to oust two trustees of a small storm-water district, one allegedly appointed by the wrong body and one allegedly not a freeholder?

Mixed. The AG granted leave to sue Sandra Meraz because there is a substantial question whether Water Code Appendix section 13-6 (which assigns vacancy-filling to the county board of supervisors) cont…

December 12, 2017

When a Banning Library District trustee leaves before the term ends, do the remaining trustees fill the seat or does Riverside County Board of Supervisors appoint a replacement?

The remaining Banning Library District trustees fill the vacancy under Gov. Code § 1780. Because the district remained a chapter 3 (school-established) district after the 2005 legislation, Education C…

November 3, 2016

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Attorney general opinions in California are written by the California Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.

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