Section 66641 Of Article 6. Actions And Penalties From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 4. >> Article 6.
66641
. 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
66644 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 2 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 7 of Part 2 of the Code of Civil
Procedure, except that the showing of irreparable harm or of
inadequate remedy at law specified by Section 526 or 527 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.