Section 75153 Of Article 7. Actions And Penalties From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 13. >> Article 7.
75153
. (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 the obtaining of injunctive
relief or specific performance, with respect to this chapter and the
rules and regulations adopted under 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 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 there is full compliance with and satisfaction of
the judgment.
(b) Except in a proceeding to determine whether the director acted
arbitrarily or capriciously in restricting the activities or
functions of the commission, upon a favorable judgment for the
commission, the commission is entitled to receive reimbursement for
any reasonable attorney's fees and other actual related costs.
(c) 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.