Section 12658 Of Article 10. Securities And Commodities From California Government Code >> Division 3. >> Title 2. >> Part 2. >> Chapter 6. >> Article 10.
12658
. (a) Whenever it appears to the Attorney General that any
person has engaged or is about to engage in any act or practice
constituting a violation of the securities law or the commodities
law, the Attorney General may, in his or her discretion, bring an
action in the name of the people of the State of California in the
superior court to enjoin the acts or practices or to enforce
compliance with the securities law or the commodities law. Upon a
proper showing, a permanent or preliminary injunction, restraining
order, or writ of mandate shall be granted and a receiver, monitor,
conservator, or other designated fiduciary or officer of the court
may be appointed for the defendant or the defendant's assets, or any
other ancillary relief may be granted as appropriate. A receiver,
monitor, conservator, or other designated fiduciary or officer of the
court appointed by the superior court pursuant to this section may,
with the approval of the court, exercise any or all of the powers of
the defendant's officers, directors, partners, trustees or persons
who exercise similar powers and perform similar duties, including the
filing of a petition for bankruptcy. No action at law or in equity
may be maintained by any party against the Attorney General, or a
receiver, monitor, conservator, or other designated fiduciary or
officer of the court, by reason of their exercising these powers or
performing these duties pursuant to the order of, or with the
approval of, the superior court.
(b) If the Attorney General determines it is in the public
interest, the Attorney General may include in any action authorized
by subdivision (a) a claim for ancillary relief, including, but not
limited to, a claim for restitution or disgorgement or damages on
behalf of the persons injured by the act or practice constituting the
subject matter of the action, and the court shall have jurisdiction
to award additional relief.
(c) In any case in which a defendant is ordered by the court to
pay restitution to a victim, the court may in its order require the
payment as a money judgment, which shall be enforceable by a victim
as if the restitution order were a separate civil judgment, and
enforceable in the same manner as is provided for the enforcement of
any other money judgment. Any order issued under this subdivision
shall contain provisions that are designed to achieve a fair and
orderly satisfaction of the judgment.