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BUSINESS & PROFESSIONS CODE

Division 7 General Business Regulations

§ 17536.5. Notice of issue in action before appellate court

If a violation of this chapter is alleged or the application or construction of this chapter is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each person filing any brief or petition with the court in that proceeding shall serve, within three days of filing with the court, a copy of that brief or petition on the Attorney General, directed to the attention of the Consumer Law Section at a service address designated on the Attorney General's official Web site for service of papers under this section or, if no service address is designated, at the Attorney General's office in San Francisco, California, and on the district attorney of the county in which the lower court action or proceeding was originally filed. Upon the Attorney General's or district attorney's request, each person who has filed any other document, including all or a portion of the appellate record, with the court in addition to a brief or petition shall provide a copy of that document without charge to the Attorney General or the district attorney within five days of the request. The time for service may be extended by the Chief Justice or presiding justice or judge for good cause shown. No judgment or relief, temporary or permanent, shall be granted or opinion issued until proof of service ofthe petition or brief on the Attorney General and district attorney is filed with the court.


Added Stats 1992 ch 385 § 3 (SB 1911). Amended Stats 1998 ch 931 § 10 (SB 2139), effective September 28, 1998.
Amended Stats 2004 ch 529 § 5 (AB 1711).

ANNOTATIONS

Amendments:

1998 Amendment:
Substituted "division" for "department" after "or the appellate" in the first sentence.

2004 Amendment:
(1) Substituted "each person filing any brief or petition with the court in that proceeding shall serve, within three days of filing with the court, a copy of that brief or petition on the Attorney General" for "the person who commenced that proceeding shall serve notice thereof, including a copy of the person's brief or petition and brief, on the Attorney General"; (2) added "at a service address designated on the Attorney General's official Web site for service of papers under this section or, if no service address is designated, at the Attorney General's office in San Francisco, California" in the first sentence; (3) added the second sentence; (3) substituted "The time for service may be extended" for "The notice, including the brief or petition and brief, shall be served within three days after the commencement of the appellate proceeding, provided that the time may be extended"; (4) added "or opinion issued"; and (5) substituted "proof of service of the brief or petition on the Attorney General and district attorney is filed" for "proof of service of this notice is filed" in the last sentence.


Law Revision Commission Comments:
1998-Section 17536.5 is amended to reflect the creation of an appellate division in the superior court. Cal. Const. art. VI, § 4.

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