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AB-669 Attorney General: assurance of voluntary compliance.(2019-2020)

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Date Published: 07/15/2019 09:00 PM
AB669:v97#DOCUMENT

Assembly Bill No. 669
CHAPTER 97

An act to add Section 12533 of the Government Code, relating to the Attorney General.

[ Approved by Governor  July 12, 2019. Filed with Secretary of State  July 12, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 669, Holden. Attorney General: assurance of voluntary compliance.
Existing law authorizes a court, upon motion, to enter judgment pursuant to the terms of a settlement stipulated by parties to pending litigation. Existing law defines an injunction as a writ or order requiring a person to refrain from a particular act, and authorizes a court to grant an injunction in specified cases, including, among others, when pecuniary compensation would not afford adequate relief.
Under existing law, the Attorney General has charge, as attorney, of all legal matters in which the state is interested, except as specified. Existing law, the Supervision of Trustees and Fundraisers for Charitable Purposes Act, authorizes the Attorney General to accept an assurance of voluntary compliance through which a person alleged to be engaged in a method, act, or practice in violation of the act, as specified.
This bill would specify that the Attorney General is authorized to accept an assurance of voluntary compliance, in lieu of a stipulated judgment, to resolve an action brought in the name of the people of the state. The bill would require an assurance of voluntary compliance accepted by the Attorney General to be filed with and subject to approval by the court. The bill would require an assurance of voluntary compliance filed with and approved by the court to be enforceable in the same manner, with the same remedies, and to the same extent, as a stipulated judgment or a permanent injunction.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12533 is added to the Government Code, to read:

12533.
 (a) The Attorney General may accept an assurance of voluntary compliance, in lieu of a stipulated judgment, to resolve an action brought in the name of the people of the State of California.
(b) An assurance of voluntary compliance accepted by the Attorney General shall be filed with and subject to approval by the court.
(c) An assurance of voluntary compliance filed with and approved by the court shall be enforceable in the same manner, with the same remedies, and to the same extent, as a stipulated judgment and permanent injunction.