Imperial County Hit with New Lawsuit as Auditor-Controller Alleges Unlawful Removal
Imperial County Auditor-Controller Karina B. Alvarez has filed a legal petition asking the court to intervene in what her attorneys describe as an escalating and unconstitutional power struggle with the County Board of Supervisors. Alvarez, who was appointed to her position in 2022, alleges that the Board has taken a series of steps that have effectively removed her from office—without a public process or legal authority.
The filing, made in Imperial County Superior Court under case number ECU004112, accuses the Board of unlawfully stripping Alvarez of her duties, barring her from office access, and replacing her authority with that of an unelected assistant. Among the actions cited are a Board resolution declaring “no confidence” in Alvarez, changes to her official job description, revocation of her badge access, and an order prohibiting direct communication with her own staff.
Alvarez contends that these actions not only violate state law and the California Constitution but also disenfranchise the voters of Imperial County. Her legal team argues that the Board’s decisions have undermined the independence of her office and blocked her from fulfilling her fiscal oversight responsibilities.
What She’s Suing For
In her amended petition, Alvarez is suing for:
Declaratory Relief: A court declaration that the Board’s actions — including the reassignment of her duties and access restrictions — are unlawful and unconstitutional.
Injunctive Relief: A court order prohibiting the County from continuing to interfere with her duties as Auditor-Controller.
Writ of Mandate: A legal mandate requiring the County to restore her full access, duties, and staffing resources.
Independent Legal Counsel: Immediate appointment of outside attorneys, citing an unresolvable conflict of interest with County Counsel.
A key part of the filing is Alvarez’s request for the appointment of independent legal counsel, citing a direct conflict of interest with the County Counsel’s Office. County Counsel, which typically represents county officials, is currently advising the Board of Supervisors — the very entity Alvarez is now suing. Her petition argues that such dual representation violates the California Rules of Professional Conduct and Government Code Section 31000.6, which permits independent counsel when conflicts arise within county government.
In a proposed court order submitted along with the application, Alvarez’s attorneys — Gilbert G. Otero and Patrick K. Bobko — ask the court to formally recognize the conflict and mandate that the County immediately provide her with independent representation. The proposed order also seeks the formal appointment of Otero and Bobko as her counsel in the matter.
An ex parte hearing on Alvarez’s request is now scheduled for Monday, July 14, 2025 at 8:30 a.m. in Department 5 of the Imperial County Superior Court before Judge Jeffrey B. Jones. In the filing, Alvarez’s attorneys argue that urgent relief is necessary because the Board, County Counsel, and Assistant County Executive Officer have taken actions that continue to undermine her ability to carry out state-mandated duties as the county’s chief accounting officer.
The petition also notes that Alvarez’s legal team has amended the lawsuit to include additional causes of action for injunctive and declaratory relief against the County. The filing suggests the Court could expedite the case by granting permission to file the amended petition during the July 14 hearing.
According to court documents, the County has already retained outside legal counsel to oppose Alvarez’s request and is expected to appear at Monday’s hearing to fight the application.
As of publication, no public comment has been issued by Imperial County or its Board of Supervisors regarding the lawsuit or the upcoming hearing. We have reached out to Imperial County Main office for comment but have yet to hear back
760 News will continue to follow this developing story.