RulesofCivilProcedure.com Civil Procedure · Every State

§ 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

In one sentenceSection 388 requires a party filing a pleading in a non-money-damages action that alleges facts about pollution or adverse environmental effects capable of affecting the public generally to furnish a copy of that pleading to the California Attorney General within 10 days of filing.

Full Text of § 388

Text size

In an action brought by a party for relief of any nature other than solely for money damages where a pleading alleges facts or issues concerning alleged pollution or adverse environmental effects which could affect the public generally, the party filing the pleading shall furnish a copy to the Attorney General of the State of California. The copy shall be furnished by the party filing the pleading within 10 days after filing.

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.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: attorney general notice environmental lawsuit californiaccp 388 pollution pleading noticenotifying ag of environmental case california