California False Claims Act qui tam: Attorney General's election to intervene (seal period) ends 60 days after AG receives complaint and disclosure (state funds)

60 days after date the attorney general received the qui tam complaint and written disclosure of material evidence, under Cal. Gov. Code 12652(c)(2), (4), (6), (8)(B).

Rule text

(2) A complaint filed by a private person under this subdivision shall be filed in superior court in camera and may remain under seal for up to 60 days. No service shall be made on the defendant until after the complaint is unsealed. ... (4) Within 60 days after receiving a complaint and written disclosure of material evidence and information alleging violations that involve state funds but not political subdivision funds, the Attorney General may elect to intervene and proceed with the action. ... (6) Before the expiration of the 60-day period or any extensions obtained under paragraph (5), the Attorney General shall do either of the following: (A) Notify the court that it intends to proceed with the action ... (B) Notify the court that it declines to proceed with the action

Cal. Gov. Code 12652(c)(2), (4), (6), (8)(B), official source

Calculate this deadline

Deadline
Tuesday, January 5, 2027
  1. Trigger (Date the Attorney General received the qui tam complaint and written disclosure of material evidence): Friday, November 6, 2026.
  2. Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Rules applied
Cal. Gov. Code 12652(c)(2), (4), (6), (8)(B)
(2) A complaint filed by a private person under this subdivision shall be filed in superior court in camera and may remain under seal for up to 60 days. No service shall be made on the defendant until after the complaint is unsealed. ... (4) Within 60 days after receiving a complaint and written disclosure of material evidence and information alleging violations that involve state funds but not political subdivision funds, the Attorney General may elect to intervene and proceed with the action. ... (6) Before the expiration of the 60-day period or any extensions obtained under paragraph (5), the Attorney General shall do either of the following: (A) Notify the court that it intends to proceed with the action ... (B) Notify the court that it declines to proceed with the action
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."
Official source
  • Commonly extended on the AG's in-camera motion (12652(c)(5)); enter any extension order as a court-ordered date. Mixed state and political subdivision funds: same 60 days for AG or prosecuting authority ((c)(8)(B)). Qui tam plaintiff must serve the AG by mail, return receipt requested, on the day the complaint is filed ((c)(3)). AMBIGUITY: the seal runs 'up to 60 days' from filing while the AG's election runs from receipt; the AG's receipt date governs the election. Section amended by Stats. 2021, ch. 50.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
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Worked example

Date the Attorney General received the qui tam complaint and written disclosure of material evidence on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.

  1. Trigger (Date the Attorney General received the qui tam complaint and written disclosure of material evidence): Monday, March 15, 2027.
  2. Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.

Notes

Commonly extended on the AG's in-camera motion (12652(c)(5)); enter any extension order as a court-ordered date. Mixed state and political subdivision funds: same 60 days for AG or prosecuting authority ((c)(8)(B)). Qui tam plaintiff must serve the AG by mail, return receipt requested, on the day the complaint is filed ((c)(3)). AMBIGUITY: the seal runs 'up to 60 days' from filing while the AG's election runs from receipt; the AG's receipt date governs the election. Section amended by Stats. 2021, ch. 50.

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Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.