Actions and Penalties
Cal. FAC § 75643
California Statutes
(
a) The commission may commence civil actions and utilize all remedies provided in law or equity for the collection of assessments and civil penalties and for obtaining injunctive relief or specific performance regarding this
chapter and the regulations adopted pursuant to this chapter. 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 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. (
b) A writ of attachment shall be issued pursuant to
Chapter 4 (commencing with
Section 485.010) of Title 6.5 of Part of the Code of Civil Procedure, except that the showing specified in
Section 485.010 of the Code of Civil Procedure 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 inadequate remedy at law specified in Sections and of that code is not required. (
c) 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 involving apples until there is full compliance and satisfaction of the judgment. Upon a favorable judgment for the commission, it is entitled to receive reimbursement for any reasonable attorney’s fees and other actual related costs. Venue for these actions may be established at the domicile or place of business of the defendant or in the county of the principal office of the commission. The commission may be sued only in the county of its principal office.