Section 77643 Of Article 7. Actions And Penalties From California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 18. >> Article 7.
77643
. (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 regarding this chapter and the rules
and 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 rule or regulation of the
commission, including, but not limited to, the nonpayment of
assessments. The commission shall not be required to post a bond 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 5
(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 that code is not required. Injunctive relief shall be
granted 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 regarding timber 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.