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Section 1855 Of Article 6. Civil Action From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 7. >> Article 6.
1855
. (a) A civil action may be commenced at the request of the
director in the name of the State of California to enjoin any
individual or entity from conduct that, by solicitation, sale, or
advertising, is inducing or otherwise attempting to persuade
employers or employees, or potential employers or employees, to
violate this code or to otherwise attempt to evade contributions or
taxes provided for under this code by scheme, device, or similar
activity. Any action under this section shall be brought in the
Superior Court of the County of Sacramento or in the superior court
of the county in which that individual or entity resides, has its
principal place of business, or has engaged in conduct subject to
penalty under this code.
(b) In any action under subdivision (a), the court may enjoin the person from engaging in the conduct or in any other activity specified in subdivision (a), if the court finds both of the following:
(1) That the person has engaged in any conduct specified in subdivision (a).
(2) That injunctive relief is appropriate to prevent recurrence of that conduct.
(c) For purposes of the civil action referred to in subdivisions (a) and (b), the court may issue without bond, a temporary restraining order upon the filing of a statement, certified by the director, which contains both of the following:
(1) That a determination has been made that the individual or entity is engaging in conduct described in subdivision (a), accompanied by a detailed description of the reasons for the determination.
(2) That the activity of the individual or entity will result in the nonpayment of contributions or taxes required under this code and that the contributions or taxes would be otherwise payable.
(d) The director shall provide the court clerk with an exact copy of the certified statement upon filing, which copy will be endorsed or certified by the court clerk and returned to the director, along with a certified copy of the court's order. From the time of service of the endorsed or certified copy of the statement and order, that individual or entity shall be temporarily restrained from the activity set forth in the statement. That temporary restraining order will continue in effect unless dissolved after a hearing on a preliminary injunction in the Superior Court of Sacramento County or the county in which the individual or entity resides, has its place of business, or has engaged in the conduct specified in the statement. That hearing or preliminary injunction shall be held under the rules of the superior court.
(b) In any action under subdivision (a), the court may enjoin the person from engaging in the conduct or in any other activity specified in subdivision (a), if the court finds both of the following:
(1) That the person has engaged in any conduct specified in subdivision (a).
(2) That injunctive relief is appropriate to prevent recurrence of that conduct.
(c) For purposes of the civil action referred to in subdivisions (a) and (b), the court may issue without bond, a temporary restraining order upon the filing of a statement, certified by the director, which contains both of the following:
(1) That a determination has been made that the individual or entity is engaging in conduct described in subdivision (a), accompanied by a detailed description of the reasons for the determination.
(2) That the activity of the individual or entity will result in the nonpayment of contributions or taxes required under this code and that the contributions or taxes would be otherwise payable.
(d) The director shall provide the court clerk with an exact copy of the certified statement upon filing, which copy will be endorsed or certified by the court clerk and returned to the director, along with a certified copy of the court's order. From the time of service of the endorsed or certified copy of the statement and order, that individual or entity shall be temporarily restrained from the activity set forth in the statement. That temporary restraining order will continue in effect unless dissolved after a hearing on a preliminary injunction in the Superior Court of Sacramento County or the county in which the individual or entity resides, has its place of business, or has engaged in the conduct specified in the statement. That hearing or preliminary injunction shall be held under the rules of the superior court.
