General Provisions

Cal. BPC § 19804

California Statutes

(

a) In any action for declaratory or injunctive relief, or for relief by way of any extraordinary writ, other than an action initiated pursuant to

Section 19932, wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or the commission issued pursuant thereto, is called into question, a court shall not grant any preliminary or permanent injunction, or any peremptory writ of mandate, certiorari, or prohibition, in connection therewith, except as follows:

(1) Upon proof by clear and convincing evidence that the department or the commission is abusing or threatens to abuse its discretion.

(2) Upon proof by clear and convincing evidence that the department or the commission is exceeding or threatens to exceed its jurisdiction. (

b) No temporary injunction or other provisional order shall issue to restrain, stay, or otherwise interfere with any action by the department or the commission, except upon a finding by the court, based on clear and convincing evidence, that the public interest will not be prejudiced thereby, and, except for preliminary injunctions, no order may be effective for more than calendar days, except by stipulation of the department or commission. No preliminary order may be effective for more than days, except by stipulation of the department or commission. (

c) This

section does not relieve a petitioner’s obligation to exhaust administrative remedies. (

d) In an action for relief of any nature wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or commission issued pursuant thereto, is called into question, the party filing the pleading shall furnish a copy thereof to the department and to the commission. The copy shall be furnished by the party filing the pleading within business days after filing. (

e) This

section does not apply to an action for declaratory or injunctive relief authorized by

Section of the Government Code.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 19804
Date2025-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC19804.20248603

General Provisions

Cal. BPC § 19804

California Statutes

General Provisions

Cal. BPC § 19804

California Statutes

(

a) In any action for declaratory or injunctive relief, or for relief by way of any extraordinary writ, other than an action initiated pursuant to

Section 19932, wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or the commission issued pursuant thereto, is called into question, a court shall not grant any preliminary or permanent injunction, or any peremptory writ of mandate, certiorari, or prohibition, in connection therewith, except as follows:

(1) Upon proof by clear and convincing evidence that the department or the commission is abusing or threatens to abuse its discretion.

(2) Upon proof by clear and convincing evidence that the department or the commission is exceeding or threatens to exceed its jurisdiction. (

b) No temporary injunction or other provisional order shall issue to restrain, stay, or otherwise interfere with any action by the department or the commission, except upon a finding by the court, based on clear and convincing evidence, that the public interest will not be prejudiced thereby, and, except for preliminary injunctions, no order may be effective for more than calendar days, except by stipulation of the department or commission. No preliminary order may be effective for more than days, except by stipulation of the department or commission. (

c) This

section does not relieve a petitioner’s obligation to exhaust administrative remedies. (

d) In an action for relief of any nature wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or commission issued pursuant thereto, is called into question, the party filing the pleading shall furnish a copy thereof to the department and to the commission. The copy shall be furnished by the party filing the pleading within business days after filing. (

e) This

section does not apply to an action for declaratory or injunctive relief authorized by

Section of the Government Code.

Document details

CollectionCalifornia Statutes
CitationCal. BPC § 19804
Date2025-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierBPC19804.20248603
General Provisions | CaseLite