What is the test for a plaintiff to sue a public official for breach of the Civil Code of Civil Procedure?
California, United States of America
The following excerpt is from Jamison v. Dep't of Transp., 208 Cal.Rptr.3d 610, 4 Cal.App.5th 356 (Cal. App. 2016):
recognized exceptions: (1) where the statute is unconstitutional and there is a showing of irreparable injury; (2) where the statute is valid but is enforced in an unconstitutional manner; (3) where the statute is valid but as construed, does not apply to the plaintiff; and (4) where the public official's action exceeds his or her authority. [Citation.] (Alfaro v. Terhune (2002) 98 Cal.App.4th 492, 501, 120 Cal.Rptr.2d 197.)
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