Legal Question in Business Law in California

Re: County District Attorney VS City

The district attorney's office is part of your county's government, not your city's. Regardless of what city a particular assistant DA happens to work in, he is not part of that city's government. The city's role in your case thus does not create a conflict of interest on the DA's part.

The governments of all but the smallest cities include a city attorney's office to handle the city's core legal needs. That is the office which will most likely represent the city in your case.

Further, even if there were an actual conflict of interest in your case, the remedy would be to arrange for the state Attorney General's office to handle the case instead of your local DA. Dismissal would be a much too drastic remedy.

The government must be able to prosecute someone it believes has committed a crime even if it has a business relationship with him, and people who have such relationships should not be immune from prosecution. The interests of justice would not be served by requiring dismissals in situations like yours.

Re: County District Attorney VS City

District Attorneys have wide discretion to charge or not charge as they believe necessary in the public interest. If you did not commit civil fraud, you will be found not liable in court, and I think this is your line of least resistance. If you can afford an attorney, get one for the defense of the fraud action, and in your initial interviews be sure to discuss your suggested grounds for dismissal. The attorney may suggest a negotiation, or may take some action to obtain a dismissal such as filing a demurrer or seekinh a writ of mandamus. Your conflict of interest arguments do not seem to hold water; separate public agencies sue each other all the time over some of the silliest issues.