Legal Opinions of the Attorney General - Monthly Opinion Report

The Attorney General’s Opinion Unit is responsible for researching and drafting the formal opinions of the Attorney General. This Monthly Opinion Report lists all of the questions that are currently under consideration for formal opinions.

The Attorney General welcomes and solicits the views of all interested persons concerning the issues raised in any question submitted for an opinion. Views should be in writing and directed to the deputy assigned to prepare the opinion. Please follow the instructions under How to Submit Views on Assigned Opinion Requests in the right side bar menu. All views submitted before publication will be considered, but early submissions are greatly preferred. All submissions will be treated as public records subject to disclosure under the Public Records Act.

The Attorney General provides opinions under Government Code section 12519 only to certain public officials. Please see our FAQs page for more information about how to request an opinion.


New Question(s) Assigned in January 2026

Opinion No. Question Requested by Assigned To
25-1102 Under the Housing Crisis Act of 2019: (1) What statute of limitations applies to an action brought to enforce Government Code section 66300(b)(1) when filed by a party other than the Attorney General or the Department of Housing and Community Development? (2) Does a referendum that rejects a general plan amendment or specific plan for housing development adopted by the legislative body of a city or county—where that amendment or plan would have increased the “intensity of land use” as defined in section 66300(b)(1)(A)), or permitted housing on land where it would otherwise not be allowed—constitute either a “moratorium or similar restriction or limitation on housing development” in violation of section 66300(b)(1)(B)(i), or a change in the “general plan land use designation, specific plan land use designation, or zoning” to a less intensive use, or a reduction in land use intensity, in violation of subdivision (b)(1)(A)? (3) If a city or county concludes that a voter-approved referendum results in an effect prohibited by section 66300, does the city or county have the authority under section 66300(b)(2) to deem the referendum void and unenforceable on its own, or must it first obtain a judicial determination before it can disregard the referendum?
Notify me when Opinion No. 25-1102 is issued
Assemblymember James Gallagher Welindt
01/09/2026
25-1202 Does the Marina Village property within Mission Bay Park, which is owned by the City of San Diego, qualify as exempted surplus land under the Surplus Land Act?
Notify me when Opinion No. 25-1202 is issued
Assemblymember Christopher M. Ward Duncan Lee
01/20/2026
26-101 1. Under state law, is the Beaumont Cherry Valley Recreation and Park District required to seek permission from the City of Beaumont via permits or licenses before holding special events on District property that lies within the City? 2. Under state law, may the District contract with Riverside County to provide review services for compliance with the California Building Code and California Fire Code for special events on District property that lies within the City? 3. Under state law, may the District contract with the Riverside County Sheriff’s Department or a privately licensed and bonded security services company to provide security services at special events on District property that lies within the City?
Notify me when Opinion No. 26-101 is issued
Senator Rosilicie Ochoa Bogh Thomas
01/21/2026
26-102 Can Local Emergency Medical Services Authorities (“LEMSAs”), such as the Riverside County Emergency Medical Services Agency, share the California state criminal offender record information of employees of the California Department of Forestry and Fire Protection (“CAL FIRE”) with CAL FIRE?
Notify me when Opinion No. 26-102 is issued
Riverside County Counsel Minh C. Tran Bidart
01/27/2026

Opinion(s) Issued or Concluded in January 2026

No matters were issued or concluded during this period.


Pending Matters as of January 2026

Opinion Requests

Opinion No. Question(s) Assigned To
26-102 Can Local Emergency Medical Services Authorities (“LEMSAs”), such as the Riverside County Emergency Medical Services Agency, share the California state criminal offender record information of employees of the California Department of Forestry and Fire Protection (“CAL FIRE”) with CAL FIRE?
Notify me when Opinion No. 26-102 is issued
Bidart
26-101 1. Under state law, is the Beaumont Cherry Valley Recreation and Park District required to seek permission from the City of Beaumont via permits or licenses before holding special events on District property that lies within the City?

2. Under state law, may the District contract with Riverside County to provide review services for compliance with the California Building Code and California Fire Code for special events on District property that lies within the City?

3. Under state law, may the District contract with the Riverside County Sheriff’s Department or a privately licensed and bonded security services company to provide security services at special events on District property that lies within the City?
Notify me when Opinion No. 26-101 is issued
Thomas
25-1202 Does the Marina Village property within Mission Bay Park, which is owned by the City of San Diego, qualify as exempted surplus land under the Surplus Land Act?
Notify me when Opinion No. 25-1202 is issued
Duncan Lee
25-902 Is Fresno County Ordinance No. 25-008, which regulates the illegal possession or transportation of commercial copper wire, preempted by state law?
Notify me when Opinion No. 25-902 is issued
Duncan Lee
25-801 For purposes of the voter-approval requirements of Proposition 218, what is the proper definition of the term "electorate" as it relates to a special tax to be imposed only on the unincorporated region of a county?
Notify me when Opinion No. 25-801 is issued
Thomas
25-603 Counties regularly receive funds from nongovernmental entities or private individuals in various contexts, including taxes, fees, assessments, and fines. Counties also regularly receive funds from those entities or individuals in other contexts—specifically, gifts or donations, or grant money that was appropriated by a governmental entity to further a governmental program but is disseminated by a nongovernmental entity to grantees for use consistent with the underlying governmental program. In these other contexts, may a county official deposit the funds into the county treasury without violating Government Code section 27011, so long as the county uses the funds only for public purposes?
Notify me when Opinion No. 25-603 is issued
Bidart
25-602 Does the California Values Act (SB 54), as codified in Government Code § 7284.6(a), prohibit a local law enforcement agency from pre-staging personnel or entering a contracted federal immigration detention facility for public safety purposes in anticipation of, or response to, civil unrest—provided that no immigration enforcement functions are undertaken?
Notify me when Opinion No. 25-602 is issued
Welindt
25-601 If the Director of Industrial Relations determines that the prevailing wage is the rate set by a collective bargaining agreement (CBA), and that CBA provides a separate classification for a foreman who performs on-site work while supervising the work crew, does the Labor Code require the Director to publish the prevailing wage rate for the foreman classification?
Notify me when Opinion No. 25-601 is issued
Welindt
25-102 May federally recognized Indian tribes which are located exclusively within the exterior boundaries of the State of California and who have adopted laws that impose comprehensive requirements substantially comparable to the California Cannabis Regulatory Framework lawfully conduct intrastate commercial cannabis activity solely within the State of California with California state cannabis licensees without obtaining such a license themselves?
Notify me when Opinion No. 25-102 is issued
Thomas
24-1102 May a concealed carry weapon (CCW) permit be denied under Penal Code section 26202(a)(8), which disqualifies CCW permit applicants who are “currently abusing controlled substances,” based on an applicant’s otherwise lawful use of marijuana under California law?
Notify me when Opinion No. 24-1102 is issued
Bidart
24-1101 Do the exemptions from local building and zoning ordinances set forth in Government Code section 53091, subdivisions (d) and (e), apply to all California public water systems, including independent water companies?
Notify me when Opinion No. 24-1101 is issued
Duncan Lee
24-902 Are claw machines illegal gambling devices under the Penal Code?
Notify me when Opinion No. 24-902 is issued
Welindt
24-702 May the same individual serve simultaneously on the Board of Commissioners for the White Mountain Fire Protection District and the Board of Directors for the Tri Valley Groundwater Management District?”
Notify me when Opinion No. 24-702 is issued
McCarroll

Quo Warranto Matters

Opinion No. Question(s) Assigned To
25-901 Has Jason Lee Johnson satisfied the residency requirements to serve on the Stockton City Council?

Notify me when Opinion No. 25-901 is issued
McCarroll
24-1002 Was Mark Skvarna validly appointed to the office of Montebello Unified School District Superintendent?

Notify me when Opinion No. 24-1002 is issued
McCarroll
24-802 May the San Diego Police Officers Association challenge the validity of a provision of the Proposition B initiative measure that the Association alleges to have unlawfully affected the pension benefits of some of its members?

Notify me when Opinion No. 24-802 is issued
Kentfield