Service on the Attorney General

Laws Requiring Service on the Attorney General

Data Security Breach: Civil Codes s. 1798.29(e) and s. 1798.82(e) - California law requires a business or state agency to notify any California resident whose unencrypted personal information, as defined, was acquired, or reasonably believed to have been acquired, by an unauthorized person. As of January 1, 2012, this law now requires a business or state agency to send an electronic sample of the breach notification sent to California residents, if the breach affected more than 500 residents. The sample should exclude any personally identifiable personal information.

Send an electronic sample of the breach notification

Public Law 109-2: Class Action Fairness Act (CAFA) - Requires parties who propose federal class action settlements to give notice of their proposed settlement to the U.S. Attorney General or appropriate federal official and "appropriate state officials." If the defendant is not licensed by a state agency, the appropriate state official is the Attorney General (28 U.S.C. section 1715). Send the notice to the California Attorney General, by addressing it to:

• CAFA Coordinator
• Office of the Attorney General
• Consumer Law Section
• 110 West "A" Street, Suite 1100
• San Diego, CA 92186-5266

Notice Regarding Bankruptcy: Debtor's Store Closing or Going-Out-of-Business Sales 11 USC § 101 et seq. - To give notice to the California Attorney General of a motion or other bankruptcy proceeding that seeks authority for a debtor's store closing or going-out-of-business sales, present service to:

• Consumer Law Section, Attn: Bankruptcy Notices
• California Attorney General’s Office
• 455 Golden Gate Avenue, Suite 11000
• San Francisco, CA 94102-7004

Business & Professions Code § 16750.2 - Requires service of notice on the AG within 3 days, if a violation of B&P § 16700 et seq (Cartwright Act) is alleged or the application or construction of the chapter is in issue in any proceeding in the Supreme Court of California or a state court of appeal, by the person who commenced that proceeding.

Business & Professions Code § 17209 and 17536.5 - Requires the service of briefs and petitions (no records, please) on the Consumer Law Section of the Attorney General's office in appellate matters involving the construction, application, or alleged violation of Business and Professions Code sections 17200 et seq. and 17500 et seq. Please direct service as follows:

• Appellate Coordinator
• Office of the Attorney General
• Consumer Law Section
• 300 S. Spring Street
• Los Angeles, CA 90013-1230

Business & Professions Code § 17508 - Requires notice to AG of advertising substantiation requests made by local law enforcement.

Business & Professions Code § 17536.5 - Requires service of notice on the Attorney General within 3 days, if a violation of B&P § 17500 et seq (False Advertising) is alleged or the application or construction of the chapter is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, by the person who commenced that proceeding including a copy of the person's brief or petition and brief.

California Rules of Court 8.29(c) - Requires service on the AG when a statute's constitutionality is questioned and when suit is brought against, or on behalf of, the state or a county, or when a state officer is sued in his/her official capacity.

In January 2007, the California Rules of Court were reorganized and renumbered. The language of former rule 44.5 was renumbered as Rule 8.29.

Civil Code § 51.1 - Mandatory service on State Solicitor General of each party's brief or petition and brief in causes of action based on violation of specific civil rights statutes. This service is required in any proceeding in the California Supreme Court, a state court of appeal or the appellate division of a superior court (actions under the Unruh, Ralph or Bane Civil Rights Acts; an anti-boycott cause of action; an action for sexual harassment in business or professional relations; and a civil rights action by a district attorney).

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