Laws Requiring Service on the Attorney General Section 2

Civil Code § 55.2 - 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. Service on the Solicitor General under this statute is required in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court (actions regarding disabled access to public places, conveyances, accommodations, and housing).

Code of Civil Procedure § 388 - Requires service on AG in action based on pollution or adverse environmental effects.

Code of Civil Procedure § 415.20(b) - Allows substitute service on AG if a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the employee to be served, as specified in §§ 416.60, 416.70, 416.80, or 416.90.

Code of Civil Procedure § 803 - Requires notice to AG of action brought to resolve disputes concerning right to hold public office or exercise a franchise (Quo Warranto).

Code of Civil Procedure § 1250.140 - Requires the summons and the complaint to be served cases where the state is a defendant in an eminent domain case.

Code of Civil Procedure § 1355 - Requires service on AG and Controller of petition and notice of hearing re claim to escheated property.

Corporations Code § 5142(a) - Requires notice to AG of action to remedy a breach of a charitable trust.

Corporations Code § 5223 - Requires service on AG regarding a lawsuit for removal of a corporate director.

Corporations Code § 5617 - Requires notice to AG of action to determine validity of election of a director of any corporation.

Corporations Code § 6510 - Requires notice to AG of action involving the involuntary dissolution of a nonprofit corporation. AG is indispensable party.

Corporations Code § 7616(b) - Requires notice to AG of action seeking judicial determination of validity of an election or appointment involving a mutual benefit corporation holding assets in charitable trust.

Evidence Code § 1043 - Requires notice to be given to governmental agency having custody of records in discovery motions seeking employment/personnel records of peace officers.

Government Code § 946.6 - Requires notice to AG in petition for relief from claims requirements of Gov. Code §945.4 (claims against public entities). Service of the petition may be made at any of the Attorney General's office in Los Angeles, Sacramento, San Diego or San Francisco.

Government Code § 955.4(a) - Requires service of summons in all actions on claims against the State, except as provided in Sections 955.6 and 955.8 (Sections 955.6 and 955.8 relate to taking cases where property is damaged as a result of work done by the Department of Transportation and the Department of Water Resources, respectively. The sections allow service on the Director of Water Resources and the Director of Transportation, in lieu of service on the Attorney General).

Government Code § 956 - Requires service of the complaint on the Attorney General in an action to partition property in which state, division or agency has a remainder or undivided fractional interest.

Government Code § 4461 - Requires 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 California Supreme Court, state court of appeal or the appellate division of a superior court (actions regarding disabled access to public buildings and facilities).

Government Code § 12656(a) - Requires notice to AG of actions brought by prosecuting authority for violations of GC §12651 (false claims). Requires notice to AG in San Francisco, directed to the attention of False Claims, of actions brought by Qui Tam plaintiff for violation of GC §12651.

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