Can the Attorney General bring an action in the name of the People?

Section 803 provides that such an action may be brought by the attorney general in the name of the People either upon his own information or upon a complaint of a private party. While the action may be brought in the name of the People the statute recognizes that a private party may have an interest therein. 'When the proceeding is in the interest of private persons, in whole or in part, they are said to be by relation,' and the relator may be required to give security for costs. People v. Milk Producers' Ass'n,

Page 604

By long established practice as recognized in many decisions, after permission to sue is obtained, the attorney for the relator usually takes an active part in the proceedings. [128 Cal.App.2d 456] There is nothing in the statute or in the decisions which forbids this, or which would prevent such an attorney from being considered as one of the attorneys of record. While the attorney general may bring the action, and has control thereof, there is no statutory provision pointing out the exact manner in which that control shall be exercised, or preventing him from acting with or through the attorney for the 'private party' whose interest is recognized by the statute which permits him to bring the action. In at least two cases, People ex rel. Wagner v. City of Pomona, 88 Cal.App.2d 460, 198 P.2d 959, 200 P.2d 176 and People ex rel. Smith v. City of San Jose, 100 Cal.App.2d 57, 222 P.2d 947, a decision was rendered without any appearance on the appeal by the attorney general.