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State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
Any person desiring "leave to sue" in the name of the people of the State of California under any law requiring the prior permission therefor of the Attorney General (which person is herein referred to as the relator), shall serve his application (which shall include the papers referred to in Section 2) upon the proposed defendant and within five days after such service shall file the same with the Attorney General.
The relator shall submit to the Attorney General his application for "leave to sue," which application shall consist of the following: (a) Original verified complaint, together with one copy thereof, and a verified statement of facts. The proposed complaint shall be prepared for the signature of the Attorney General, a deputy attorney general and the attorney for the relator, as attorneys for plaintiff. (b) Points and authorities showing why the proposed proceeding should be brought in the name of the people, and supporting the contention of relator that a public office or franchise is usurped, intruded into or unlawfully held or exercised by the proposed defendant. (c) A notice directed to the proposed defendant to the effect that relator is about to apply to the Attorney General for "leave to sue" in the proceeding therein named, and that the proposed defendant may, within the period provided in Section 3 hereof, show cause, if any he have, why "leave to sue" should not be granted in accordance with the application therefor. (d) Proof of service of such application, complaint, statement of facts, points and authorities and notice upon the proposed defendant.
The proposed defendant shall be allowed 15 days after service, within which to appear and show cause in accordance with the provisions of Section 2(c), if the notice be served within the county in which the proceeding is to be brought, and 20 days if served elsewhere. A shorter time may and will be prescribed by the Attorney General in special cases or upon a showing of good cause therefor. An extension of the period for appearance herein limited may be granted by stipulation between the relator and the proposed defendant if filed with the Attorney General, and may be granted by the Attorney General upon a showing of good cause therefor. Any statement of facts filed by the proposed defendant shall be verified in like manner as the proposed complaint.
The relator shall then be allowed 10 days (or such further time as may be granted by stipulation filed with the Attorney General, or upon a showing of good cause therefor), in which to reply to the showing thus made by the proposed defendant.
Proof or admission of service must accompany all papers submitted to the Attorney General under Sections 2, 3 and 4.
If the application for "leave to sue " be granted, the relator must, within 10 days after receiving notice of such action (unless further time be granted), present to the Attorney General an undertaking executed to the State of California in the sum of $500, to the effect that the relator will pay any judgment for costs or damages that may be recovered against the plaintiff, and all costs and expenses incurred in the prosecution of the proceeding in which such "leave to sue" is granted. The sureties upon the undertaking shall be approved by the Attorney General.
Upon receipt and approval of said undertaking, the Attorney General will transmit to the relator, in writing, "leave to sue" in the name of the people, which "leave to sue" shall be filed with the clerk of the court simultaneously with the filing of the complaint.
The complaint filed in the proceeding shall be the proposed complaint herein before referred to, changed or amended as the Attorney General shall suggest or direct, and the relator shall not thereafter in any way change, amend or alter the said complaint without the approval of the Attorney General.
The Attorney General may at all times, at any and every stage of the said proceeding, withdraw, discontinue or dismiss the same, as to him may seem fit and proper, or may, at his option, assume the management of said proceeding at any stage thereof.
The relator must immediately inform the Attorney General of the date of the filing of the complaint, and the court number thereof, and shall thereafter notify the Attorney General, without delay, of every proceeding had, motion made, paper filed, or thing done in the proceeding, or in relation thereto, and must send to the Attorney General promptly a copy of every paper or document filed by any of the parties to the proceeding including the judgment, and when service of any paper in said proceeding is made on the relator by the opposing party the relator shall secure an additional copy of such paper, which additional copy shall be at once forwarded to the Attorney General.
In special cases and upon a sufficient showing of urgent necessity, "leave to sue" will issue forthwith upon the filing of showing and undertaking required by Sections 2 and 6, upon condition that the defendant may thereafter show cause and that the right of the relator to maintain and prosecute such proceeding shall be thereafter determined.
In the event that the judgment of the trial court shall be adverse to the relator, no appeal therefrom shall be taken without first securing the approval of the Attorney General.