In any case in which a notice was required pursuant to subdivision (e) of Section 664.5, the Attorney General shall have the right to intervene and participate in any appeal taken therefrom. These rights shall apply regardless of whether the Attorney General participated in the case in the trial court. However, the Attorney General has no direct right to appeal. If the Attorney General elects not to intervene and participate in the appeal, he or she shall file a statement with the Legislature and the Judicial Council stating the reason or reasons for the decision not to intervene and participate in the appeal. This statement may be in the form of an annual report to the Legislature and Judicial Council and that report shall be a matter of public record.
§ 902.1.Right of Attorney General to Intervene and Participate
Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Enacted 1997 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 902.1 gives the Attorney General the right to intervene and participate in an appeal from any case in which notice was required under § 664.5(e), even without having appeared below, though the Attorney General has no independent right to appeal and must publicly explain any decision not to intervene.
Full Text of § 902.1
Plain-English Summary
This section carves out a special appellate role for the Attorney General in a defined category of cases — those in which subdivision (e) of § 664.5 required that the Attorney General be notified. In any appeal arising from such a case, the Attorney General can step in and participate, and that right doesn't depend on whether the Attorney General was ever a party or appeared in the trial court.
What the Attorney General cannot do is initiate an appeal independently — the statute is explicit that there is no direct right to appeal, only a right to intervene once someone else has taken the appeal up. If the Attorney General decides not to intervene and participate, the statute requires accountability for that choice: a statement filed with the Legislature and the Judicial Council explaining the reasons, which can take the form of an annual report and which becomes a matter of public record.
Frequently Asked Questions
What triggers the Attorney General's right to intervene in an appeal under § 902.1?
An appeal from a case in which notice was required under subdivision (e) of § 664.5.
Does the Attorney General have to have participated in the trial court first?
No. The right to intervene and participate on appeal applies regardless of whether the Attorney General took part in the case in the trial court.
Can the Attorney General file an appeal directly under this section?
No. The statute expressly denies the Attorney General a direct right to appeal — only a right to intervene once an appeal exists.
What happens if the Attorney General chooses not to intervene?
A statement must be filed with the Legislature and the Judicial Council explaining the reasons, which may take the form of an annual report and becomes a matter of public record.
Amendment History
Added by Stats. 1997, Ch. 259, Sec. 2. Effective January 1, 1998.
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 intervene appeal california664.5 notice attorney general appeal