Section 23051 Of Article 1. Administrative Actions From California Financial Code >> Division 10. >> Chapter 3. >> Article 1.
23051
. (a) Whenever the commissioner believes from evidence
satisfactory to the commissioner that any person has violated or is
about to violate a provision of this division, or a provision of any
order, license, decision, demand, requirement, or any regulation
adopted pursuant to this division, the commissioner may, in the
commissioner's discretion, bring an action in the name of the people
of the State of California against that person to enjoin that person
from continuing that violation or doing any act in furtherance of the
violation. Upon a proper showing, a permanent or preliminary
injunction, restraining order, or writ of mandate shall be granted
and other ancillary relief may be granted as appropriate.
(b) If the commissioner determines that it is in the public
interest, the commissioner may include in any action authorized by
subdivision (a) a claim for ancillary relief, including, but not
limited to, a claim for restitution, disgorgement, or damages on
behalf of the persons injured by the act or practice constituting the
subject matter of the action. The court shall have jurisdiction to
award additional relief.
(c) Any person who violates any provision of this division, or who
violates any rule or order adopted pursuant to this division, shall
be liable for a civil penalty not to exceed two thousand five hundred
dollars ($2,500) for each violation, which shall be assessed and
recovered in a civil action brought in the name of the people of the
State of California by the commissioner in any court of competent
jurisdiction.
(d) As applied to the penalties for acts in violation of this
division, the remedies provided by this section and by other sections
of this division are not exclusive, and may be sought and employed
in any combination to enforce the provisions of this division.