Section 75643 Of Article 7. Actions And Penalties From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 13.5. >> Article 7.
75643
. (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 2 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 7 of Part 2 of the Code of Civil Procedure, except
that the showing of irreparable harm or inadequate remedy at law
specified in Sections 526 and 527 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.