Cal. Civ. Code § 407.040
Investigations by attorney general — investigative demand, contents of, how served
Operative Text
1. When it appears to the attorney general that a person has engaged in or is engaging in any method, act, use, practice or solicitation declared to be unlawful by this chapter or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in or is engaging in any such method, act, use, practice or solicitation, he may execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation, a civil investigative demand requiring such person to appear and testify, or to produce relevant documentary material or physical evidence or examination, at such reasonable time and place as may be stated in the civil investigative demand, concerning the advertisement, sale or offering for sale of any goods or services or the conduct of any trade or commerce or the conduct of any solicitation that is the subject matter of the investigation. Service of any civil investigative demand, notice, or subpoena may be made by any person authorized by law to serve process or by any duly authorized employee of the attorney general. 2. Each civil investigative demand shall: (1) State the statute and section thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation; (2) Describe the class or classes of information, documentary material, or physical evidence to be produced thereunder with reasonable specificity so as fairly to indicate the material demanded; (3) Prescribe a return date by which the information, documentary material, or physical evidence is to be produced; and (4) Identify the members of the attorney general's staff to whom the information, documentary material, or physical evidence requested is to be made available. 3. No civil investigative demand shall: (1) Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of this state; or (2) Require the disclosure of any documentary material which would be privileged or which, for any other reason, could not be required by a subpoena duces tecum issued by a court of this state. 4. Service of any civil investigative demand, notice, or subpoena may be made by: (1) Delivering a duly executed copy thereof to the person to be served, or to a partner or any officer or agent authorized by appointment or by law to receive service of process on behalf of such person; (2) Delivering a duly executed copy thereof to the principal place of business or the residence in this state of the person to be served; (3) Mailing by registered or certified mail a duly executed copy thereof, addressed to the person to be served, at the principal place of business or the residence in this state or, if such person has no place of business or residence in this state, to his principal office or place of business or his residence; or (4) The mailing thereof by registered or certified mail, requesting a return receipt signed by the addressee only, to the last known place of business, residence or abode within or without this state of such person for whom the same is intended.
Missouri Revised Statutes § 407.040 establishes the attorney general's authority to issue civil investigative demands (CIDs) when investigating potential violations of the state's consumer protection laws under §§ 407.005–407.145. A CID can require a person or entity believed to have relevant information, documents, or physical evidence to appear and testify or to produce that material. The demand must clearly identify the statute under investigation, describe the material sought with reasonable specificity, set a return date, and name the staff members who will receive the material. Importantly, a CID cannot impose requirements broader than what a court-issued subpoena duces tecum would allow, and it cannot compel disclosure of privileged material.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 407.040, a property owner or manager who receives a civil investigative demand from the Missouri attorney general's office should understand that the demand is a formal legal instrument tied to a consumer protection investigation. Compliant operators generally verify that the CID contains all required elements — the specific statute cited, a description of the material sought, a return date, and the names of designated staff — before taking any steps to respond. Operators also generally confirm that the demand does not exceed the scope of a court-issued subpoena duces tecum and that no privileged materials are being improperly requested, since § 407.040 expressly prohibits such overreach.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Missouri Revised Statutes § 407.040 is a tool that benefits tenants indirectly: it empowers the attorney general to compel testimony and documents from any person — including landlords or property management companies — when investigating suspected unlawful practices under the state's consumer protection chapter. If a tenant believes a landlord has engaged in deceptive or unlawful conduct in connection with the advertisement or rental of housing, they may consider filing a complaint with the Missouri attorney general's office, which can then use § 407.040's investigative demand process to gather evidence. Tenant-rights organizations can help individuals understand how this investigative framework intersects with their situation and what other remedies may be available under §§ 407.005–407.145.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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