Section § 1850

Explanation

If you're an officer, you have the right to access and hold onto any books and papers related to your job. This includes documents that were with the previous person who held your position.

Every officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent by virtue of his office.

Section § 1851

Explanation

If someone, even a person who previously held the position, fails to hand over required books or papers to the current person in the role, the current person can turn to the court for help. They can file a petition in a court located in the county where the uncooperative person lives, or with a local superior court judge.

If any person, including a former incumbent, refuses or neglects to deliver to the actual incumbent any such books or papers, the actual incumbent may petition any court of record sitting in the county where the person so refusing or neglecting resides, or any judge of the superior court residing therein.

Section § 1852

Explanation

This law states that when a person requests certain documents or books through the court, the judge will quickly hear both sides' arguments and evidence. After this, the judge will decide if the documents should be given to the person who asked for them.

After notice to the adverse party, the court or judge shall proceed in a summary way to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioner.

Section § 1853

Explanation

This law explains how to enforce the handover of books and papers. If the person involved doesn’t cooperate, the court can use certain methods to ensure compliance. First, the person can be treated like a witness who isn’t showing up, through a process called 'attachment'. Second, the petitioner can ask for the sheriff to be involved, issuing a warrant for the sheriff to find, seize, and give those books and papers to the petitioner.

The execution of the order and the delivery of the books and papers may be enforced by:
(a)CA Government Code § 1853(a) Attachment as for a witness.
(b)CA Government Code § 1853(b) At the request of the petitioner, by a warrant directed to the sheriff of the county commanding him to search for those books and papers, and to take and deliver them to the petitioner.

Section § 1854

Explanation

This law states that if someone knowingly and intentionally takes over a public office without being elected or appointed, or if a person continues to perform the duties of their public office after their term has ended and a new person is in place, they are committing a misdemeanor.

Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive, administrative or ministerial officer, wilfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor.

Section § 1855

Explanation

This law states that any officer who loses their job, whether because it was abolished, their term ended, they resigned, or were removed, cannot intentionally do anything unlawful with the office's records or property. Specifically, they cannot destroy, take, or hide important documents or property from their successor or the rightful owner. If they do, they may face imprisonment.

Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully
(a)CA Government Code § 1855(a) Mutilates, destroys, or takes away the records, papers, documents, or other writings appertaining or belonging to his office, or
(b)CA Government Code § 1855(b) Withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writings appertaining or belonging to his office, or any money or property in his custody as such officer,
is punishable by imprisonment in the state prison.