Tustin resident Mike Tardif filed a quo warranto—a legal challenge questioning the ability of someone to hold public office—to Bonta’s office shortly after serving Gomez with the lawsuit on March 2.
Tardif argues that the two elected bodies Gomez serves on—the OC Board of Education and Tustin City Council—are “legally incompatible” under a state law that claims a person who holds two incompatible public offices must forfeit the first office presumed, according to the lawsuit.
Gomez has served on the Tustin City Council since 2010 and board of education since 2016. She recently won re-election for both seats in 2020—but if the lawsuit is successful—Gomez would be ousted from her seat on the board.
Despite the allegations, Gomez claims her seats are not incompatible and disagrees with the right to sue, according to the quo warranto.
She further stated that the legal challenge was not a solution to the circumstances and a legal challenge would be against public interest.
OC Board of Education Trustee Tim Shaw faced a similar lawsuit in January 2021 that would have forced him to step down from the board in November for also serving on the La Habra City Council.
Shaw resigned from the board to avoid costly litigation but was later reappointed in December after leaving the city council during a 3–1 vote—with Gomez voting against his reappointment.
The Epoch Times reached out to Gomez for a comment but has not received a response.
