Government Code section 11043
(a)
The Legislature finds and declares all of the following:(1)
The Attorney General performs separate functions in enforcing state laws, pursuant to Section 13 of Article V of the California Constitution, and serving as counsel, whenever requested, for the representation of state agencies and employees in judicial and administrative adjudicative proceedings and other matters.(2)
When a state agency requests representation by the Attorney General, the Attorney General establishes an attorney-client relationship with a state agency that is limited to the specific matter or matters for which the state agency has requested representation.(3)
It is important to uphold the divided executive branch enacted by the California Constitution.(4)
The findings provided in this subdivision are declaratory of existing law, as demonstrated in People ex rel. Lockyer v. Superior Court (2004) 122 Cal.App.4th 1060 and People v. Superior Court (Barrett) (2000) 80 Cal.App.4th 1305.(b)
The Attorney General has no control over any state agency’s decisions or possession, custody, or control over any state agency’s documents or electronically stored information for purposes of criminal or civil discovery or any other purpose.(c)
Every state agency is a separate legal entity. Unless an agency is in actual possession of the relevant documents or electronically stored information, no state agency has possession, custody, or control over any other state agency’s documents or electronically stored information for purposes of criminal or civil discovery or the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). Service of a summons, complaint, or subpoena on one state agency is not lawful service on any other state agency, unless the state agency served has been authorized to accept service on behalf of the other state agency.(d)
When the Attorney General institutes or defends an action in their independent capacity on behalf of the State of California or the people of the State of California, the Attorney General acts in the public interest of the State of California and its residents and not as the legal representative or attorney of any state entity, including entities within the executive, legislative, or judicial branches. State agencies are not parties to an action described in this subdivision, unless they are specifically named as a party, and the documents or electronically stored information of state agencies are not in the possession, custody, or control of the Attorney General.(e)
(1)Section 11042 does not apply for purposes of representation of a state agency related to civil discovery, whether sought as party or third-party discovery, in any action brought by the Attorney General in their independent capacity on behalf of the people of the State of California or the State of California.(2)
Nothing in paragraph (1) shall prohibit a state agency from requesting representation from the Attorney General in a proceeding otherwise subject to paragraph (1).(f)
It is the intent of the Legislature that this section be interpreted broadly to include any action filed by the Attorney General, whether filed in federal court or state court, to enforce state laws or defend the interests of the people of the State of California or the State of California where the Attorney General has not been requested to act as counsel for that state agency.
Source:
Section 11043, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=11043. (updated Jun. 30, 2025; accessed Jul. 14, 2025).
