Actions and Penalties
Cal. FAC § 66641
California Statutes
The commission may, if it finds a violation of this
chapter or any rule or regulation has occurred, or in the event of nonpayment of any assessment, bring a proceeding as provided under
Section in its name for collection of such assessment, civil penalties, or for injunctive relief, including specific performance, or enforcement of any obligation imposed by this
chapter or any rule or regulation issued thereunder, or both, against any person violating any provisions of this
chapter or any rule or regulation adopted pursuant thereto. A court shall issue to the commission any requested writ of attachment or injunctive relief upon a prima facie showing by verified complaint that a named defendant has violated this
chapter or any other rule or regulation of the commission, including, but not limited to, the nonpayment of assessments. No bond shall be required to be posted by the commission as a condition for the issuance of any writ of attachment or injunctive relief. A writ of attachment shall be issued pursuant to
Chapter 5 (commencing with
Section 485.010) of Title 6.5 of Part of the Code of Civil Procedure, except that the showing specified by
Section 485.010 is not required. Injunctive relief shall be issued pursuant to
Chapter 3 (commencing with
Section 525) of Title of Part of the Code of Civil Procedure, except that the showing of irreparable harm or of inadequate remedy at law specified by
Section or is not required. Upon entry of any final judgment on behalf of the commission against any defendant, the court shall enjoin the defendant from conducting any type of business regarding the commodity subject to this
chapter until payment of the judgment is made in full by the defendant to the commission. In any such proceeding, the court shall award reasonable attorney’s fees incurred by the commission therein and shall, upon entry of any final judgment, enjoin any such handler from further handling until payment is made for any judgment entered for money, and from further violating or aiding in violation of this
chapter or any rule or regulation of the commission. No such proceeding may be commenced until the commission has exhausted its administrative procedures prescribed by the rules and regulations of the commission.