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LAWSUIT SEEKS TO REMOVE ATTORNEY.


Byline: James Nash Staff Writer

The third-place finisher in the 2001 race for Los Angeles city attorney The Los Angeles City Attorney is an elected official whose job is to prosecute all of the misdemeanor criminal offenses within the city of Los Angeles, California, United States.  filed a lawsuit Monday against the winner, Rocky Delgadillo Rockard John "Rocky" Delgadillo (born July 15 1960) is the current City Attorney of Los Angeles, California. Career
  • Teacher/ Coach, Los Angeles Unified School District, Franklin
  • Attorney, O'Melveny & Myers LLP
, saying Delgadillo should be removed from office because he was not qualified to practice law in the five years before the election.

In a lawsuit filed in federal court, Lea Purwin D'Agostino says she should be elevated to city attorney because neither Delgadillo nor second-place finisher Michael Feuer Michael Feuer (1958-)[1] is a Californian politician and lawyer. He now represents the 42nd Assembly District which includes Beverly Hills, West Hollywood, and part of Los Angeles in the California State Assembly. He was elected in 2006 on the Democratic ticket.  were active members of the state bar in the five years before the election.

Delgadillo switched to inactive status Status of reserve members on an inactive status list of a Reserve Component or assigned to the Inactive Army National Guard. Those in an inactive status may not train for points or pay, and may not be considered for promotion.  while he served as economic-development deputy to Mayor Richard Riordan, and Feuer did not practice law during his term on the Los Angeles City Council The Los Angeles City Council is the governing body of the City of Los Angeles, California, United States. . Both returned to active status in 1999.

In her lawsuit, D'Agostino wrote that both Feuer and Delgadillo misrepresented their qualifications for the city attorney's office.

``The Los Angeles city attorney acting without legal authority exposes and subjects both (D'Agostino) and all residents of the city to significant risk of irreparable harm,'' said the lawsuit, filed by attorney Stephen Yagman.

Yagman did not responded to requests for comment Monday, and D'Agostino declined to comment on the lawsuit.

Delgadillo spokesman Eric Moses pointed to a legal opinion by then-City Attorney James Hahn in 2000 stating that inactive status in the state bar doesn't automatically disqualify To deprive of eligibility or render unfit; to disable or incapacitate.

To be disqualified is to be stripped of legal capacity. A wife would be disqualified as a juror in her husband's trial for murder due to the nature of their relationship.
 an attorney from becoming city attorney.

James Nash, (213) 978-0390

james.nash(at)dailynews.com
COPYRIGHT 2004 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Feb 10, 2004
Words:236
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