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.

By law, the Attorney General is authorized to issue formal opinions only to certain public officials. Please see our FAQs page for more information about how to request an opinion.


Opinion(s) Issued in July 2025

Opinion No. Question(s) Presented Conclusion(s) Issued
23-1001

Does California law prohibit the operation of daily fantasy sports games with players physically located within California, regardless of whether the operators and associated technology are located outside the State?

Yes, California law prohibits the operation of daily fantasy sports games with players physically located within California, regardless of where the operators and associated technology are located. Such games constitute wagering on sports in violation of Penal Code section 337a.

 07/03/2025

New Question(s) Assigned in June 2025

Opinion No. Question Requested by Assigned To
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 		Assemblymember Ash Kalra Welindt
06/16/2025

Opinion(s) Issued or Concluded in June 2025

Opinion No. Question(s) Presented Conclusion(s) Issued
23-601

1. May the Teachers’ Retirement Board assess penalties under Education Code sections 23003, 23006, and 23008 against a county office of education for contribution and reporting errors attributable to a charter school on whose behalf the county superintendent of schools contributes and reports to the California State Teachers’ Retirement System (CalSTRS)?

2. If the answer to Question 1 is yes, does the county office of education, through its superintendent of schools, have an administrative remedy for contesting the assessment of a penalty the superintendent believes to be incorrect?

3. If the answer to Question 1 is yes, does Education Code section 23012 authorize the county superintendent of schools to recover funds used to pay the assessment or penalty from the funds allotted to the charter school?

1. Yes. The Teachers’ Retirement Board may assess penalties under Education Code sections 23003, 23006, and 23008 against a county office of education for contribution and reporting errors attributable to a charter school on whose behalf the county supervisor of schools contributes and reports to CalSTRS.

2. Yes. The county office of education, through its superintendent of schools, may seek and obtain an administrative appeal to contest the assessment of a penalty the superintendent believes to be incorrect.

3. Yes. Education Code section 23012 authorizes the county superintendent of schools to recover funds used to pay the assessment or penalty from the funds allotted to the charter school.

 06/03/2025

Pending Matters as of June 2025

Opinion Requests

Opinion No. Question(s) Assigned To
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
25-304 Can the California Department of Tax and Fee Administration contract to administer the transactions and use taxes of a county and of a city within that county when the tax ordinances are approved by their respective electorates in the same election but the imposition of both taxes would cause the combined rate of tax in the county to exceed the limit set forth in both the specific authorizing provision of Part 1.7 of Division 2 and section 7251.1 of the Revenue and Taxation Code?
Notify me when Opinion No. 25-304 is issued 		Welindt
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 		Kentfield
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
24-403 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. 24-403 is issued 		Thomas
23-1001 Does California law prohibit the operation of daily fantasy sports games with players physically located within California, regardless of whether the operators and associated technology are located outside the State? (Issued July 3, 2025.)
Kentfield
23-701 Does the California Office of Tax Appeals have the legal authority and jurisdiction to issue a written opinion declaring a provision in the California Code of Regulations, which was promulgated by a different state agency and approved by the Office of Administrative Law, to be invalid and refuse to enforce the regulation on that basis?
Notify me when Opinion No. 23-701 is issued 		Kentfield

Quo Warranto Matters

Opinion No. Question(s) Assigned To
25-501 May Gary Mendez lawfully serve as a member of both the Whittier Union High School District Board of Trustees and the Central Basin Municipal Water District Board of Directors?

Notify me when Opinion No. 25-501 is issued 		Bidart
25-301 Was Christopher Pikus validly appointed to the Poway City Council?

Notify me when Opinion No. 25-301 is issued 		Medeiros
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