Gov. Code, § 91007 · Chapter 11. Enforcement
Gov. Code, § 91007
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Any person, before filing a civil action pursuant to Sections 91004 and 91005, must first file with the civil prosecutor a written request for the civil prosecutor to commence the action. The request shall include a statement of the grounds for believing a cause of action exists. The civil prosecutor shall respond to the person in writing, indicating whether the civil prosecutor intends to file a civil action.
(1) If the civil prosecutor responds in the affirmative and files suit within 120 days from receipt of the written request to commence the action, no other action may be brought unless the action brought by the civil prosecutor is dismissed without prejudice as provided for in Section 91008.
(2) If the civil prosecutor responds in the negative within 120 days from receipt of the written request to commence the action, the person requesting the action may proceed to file a civil action upon receipt of the response from the civil prosecutor. If, pursuant to this subdivision, the civil prosecutor does not respond within 120 days, the civil prosecutor shall be deemed to have provided a negative written response to the person requesting the action on the 120th day and the person shall be deemed to have received that response.
(3) The time period within which a civil action shall be commenced, as set forth in Section 91011, shall be tolled from the date of receipt by the civil prosecutor of the written request to either the date that the civil action is dismissed without prejudice or the date of receipt by the person of the negative response from the civil prosecutor, but only for a civil action brought by the person who requested the civil prosecutor to commence the action.
(b) Any person filing a complaint, cross-complaint, or other initial pleading in a civil action pursuant to Section 91003, 91004, 91005, or 91005.5 shall, within 10 days of filing the complaint, cross-complaint, or initial pleading, serve on the commission a copy of the complaint, cross-complaint, or initial pleading or a notice containing all of the following:
(1) The full title and number of the case.
(2) The court in which the case is pending.
(3) The name and address of the attorney for the person filing the complaint, cross-complaint, or other initial pleading.
(4) A statement that the case raises issues under the Political Reform Act of 1974.
(c) A complaint, cross-complaint, or other initial pleading shall not be dismissed for failure to comply with subdivision (b).
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 50, Sec. 237. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=91007.
- Text hash
- sha256 e7e25927c19748fc0b8b03e85d07a22988fc6c1c5ee0172af9b18a78de212bb1
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Gov. Code, § 91003Printed as Section 91003, 91004, 91005, or 91005.5
- Gov. Code, § 91004Printed as Section 91003, 91004, 91005, or 91005.5 | Sections 91004 and 91005
- Gov. Code, § 91005Printed as Section 91003, 91004, 91005, or 91005.5 | Sections 91004 and 91005
- Gov. Code, § 91005.5Printed as Section 91003, 91004, 91005, or 91005.5
- Gov. Code, § 91008Printed as Section 91008
- Gov. Code, § 91011Printed as Section 91011
Cited by 2 provisions
Provisions in this library whose text cites Gov. Code, § 91007. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.