§ 388.Copy of Pleading In Action Alleging Pollution Or Adverse Environmental Effects Furnished Attorney General
Title 3. Of the Parties to Civil Actions · Chapter 7. Intervention · Enacted 1992 · no amendments on record · Last verified July 28, 2026
Full Text of § 388
Plain-English Summary
Section 388 sits inside the chapter on intervention because it exists to make intervention possible: the Attorney General cannot decide whether to step into a case affecting the public if the Attorney General never learns the case exists.
The section applies to an action brought for relief other than solely money damages, where a pleading alleges facts or issues about pollution or adverse environmental effects capable of affecting the public generally. Whoever files that pleading must furnish a copy to the Attorney General of the State of California within 10 days after filing.
The requirement does not give the Attorney General a right to intervene by itself — that still runs through § 387 — but it puts the office on notice early enough to evaluate whether the public interest calls for a state voice in the litigation.
Frequently Asked Questions
When does a party have to notify the Attorney General under § 388?
When the party files a pleading in an action seeking relief other than solely money damages, and the pleading alleges facts or issues concerning pollution or adverse environmental effects that could affect the public generally.
How quickly must the copy be furnished?
Within 10 days after the pleading is filed.
Does this section let the Attorney General intervene automatically?
No. § 388 only requires notice; if the Attorney General wants to join the case, that still happens through the intervention procedure in § 387.
Does § 388 apply to a lawsuit seeking only money damages?
No. By its own terms, the section applies to actions for relief of a nature other than solely money damages.
Amendment History
Repealed and added by Stats. 1992, Ch. 178, Sec. 26. Effective January 1, 1993.