Business and Professions Code - BPC § 125.8
Cal. BPC § 125.8
California Statutes
In addition to the remedy provided for in
Section 125.5, the superior court for the county in which any licensee licensed under Division 3 (commencing with
Section 5000) or
Chapter 2 (commencing with
Section 18600) or
Chapter 3 (commencing with
Section 19000) of Division has engaged or is about to engage in any act which constitutes a violation of a
chapter of this code administered or enforced by a board referred to in Division 3 (commencing with
Section 5000) or
Chapter 2 (commencing with
Section 18600) or
Chapter 3 (commencing with
Section 19000) of Division may, upon a petition filed by the board and accompanied by an affidavit or affidavits in support thereof and a memorandum of points and authorities, issue a temporary restraining order or other appropriate order restraining the licensee from engaging in the business or profession for which the person is licensed or from any part thereof, in accordance with the provisions of this section. (
a) If the affidavits in support of the petition show that the licensee has engaged or is about to engage in acts or omissions constituting a violation of a
chapter of this code and if the court is satisfied that permitting the licensee to continue to engage in the business or profession for which the license was issued will endanger the public health, safety, or welfare, the court may issue an order temporarily restraining the licensee from engaging in the profession for which he is licensed. (
b) Such order may not be issued without notice to the licensee unless it appears from facts shown by the affidavits that serious injury would result to the public before the matter can be heard on notice. (
c) Except as otherwise specifically provided by this section, proceedings under this
section shall be governed by
Chapter 3 (commencing with
Section 525) of Title of Part of the Code of Civil Procedure. (
d) When a restraining order is issued pursuant to this section, or within a time to be allowed by the superior court, but in any case not more than days after the restraining order is issued, an accusation shall be filed with the board pursuant to
Section of the Government Code. The accusation shall be served upon the licensee as provided by
Section of the Government Code. The licensee shall have all of the rights and privileges available as specified in
Chapter 5 (commencing with
Section 11500) of Part of Division of Title of the Government Code; however, if the licensee requests a hearing on the accusation, the board must provide the licensee with a hearing within days of the request and a decision within days of the date of the conclusion of the hearing, or the court may nullify the restraining order previously issued. Any restraining order issued pursuant to this
section shall be dissolved by operation of law at such time the board’s decision is subject to judicial review pursuant to