California Code of Regulations, Title 11

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Division 1 Attorney General

Chapter 1 Regulations Governing Proceedings in the Nature of Quo Warranto

Cal. Code Regs. Tit. 11, § 1 Service and Filing of Application

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 the 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.

History

• 1. Change without regulatory effect amending section filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).
• Note: Authority cited for §§ 1 to 11, inclusive: Section 803 et seq. Code of Civil Procedure. Issuing Agency: Attorney General.

Cal. Code Regs. Tit. 11, § 2 Application for Leave to Sue; Contents

The relator shall submit to the Attorney General an 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, 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.

History

• 1. Change without regulatory effect amending first paragraph and subsection (c) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).

Cal. Code Regs. Tit. 11, § 3 Appearance of Proposed Defendant. Statement of Facts

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.