SECTIONS 17070-17087 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 17070-17087

17070. Any person or trade association may bring an action to
enjoin and restrain any violation of this chapter and, in addition
thereto, for the recovery of damages.

17071. In all actions brought under this chapter proof of one or
more acts of selling or giving away any article or product below cost
or at discriminatory prices, together with proof of the injurious
effect of such acts, is presumptive evidence of the purpose or intent
to injure competitors or destroy competition.

17071.5. In all actions brought under this chapter proof of
limitation of the quantity of any article or product sold or offered
for sale to any one customer to a quantity less than the entire
supply thereof owned or possessed by the seller or which he is
otherwise authorized to sell at the place of such sale or offering
for sale, together with proof that the price at which the article or
product is so sold or offered for sale is in fact below its invoice
or replacement cost, whichever is lower, raises a presumption of the
purpose or intent to injure competitors or destroy competition. This
section applies only to sales by persons conducting a retail business
the principal part of which involves the resale to consumers of
commodities purchased or acquired for that purpose, as distinguished
from persons principally engaged in the sale to consumers of
commodities of their own production or manufacture.

17072. Where a particular trade or industry, of which a person
complained against is a member, has an established cost survey for
the locality and vicinity in which the offense is committed, that
cost survey is competent evidence to be used in proving the costs of
such person.

17073. Proof of average overall cost of doing business for any
particular inventory period when added to the cost of production of
each article or product, as to a producer, or invoice or replacement
cost, whichever is lower, of each article or product, as to a
distributor, is presumptive evidence of cost of each such article or
product involved in any action brought under this chapter.

17074. Proof of transportation tariffs when fixed and approved by
the Public Utilities Commission of the State of California is
presumptive evidence of delivery cost.

17075. In any action where it is alleged and shown that the person
complained against is selling below his cost of doing business, and
such person is including labor at less than the prevailing wage scale
in the trade in which such person is engaged for the locality or
vicinity in which he is doing business, evidence of such prevailing
wage scale shall be admissible to prove the intent or purpose of such
person to violate this chapter.

17076. In any action brought under this chapter, where persons are
employed or performing services for any person or in the conduct of
the business wherein such person is charged with a violation of this
chapter, and are so employed or performing such services without
compensation or at a wage lower than that prevailling at the time and
place of the service for the particular services performed, such
services shall be charged as an expense of the business in which
rendered and at the rate of the wage for the services rendered
prevailing at the time of the service at the place where rendered.

17077. In any action or prosecution for sales below cost in
violation of this chapter, if the defendant acquires his raw
materials for a consideration not wholly or definitely computable in
money, the cost of the raw materials shall be presumed to be the
prevailing market price for similar raw materials in the ordinary
channels of trade in the locality or vicinity in which such raw
materials were acquired, at the time of the acquisition.

17078. If it appears to the court upon any application for a
temporary restraining order, or upon the hearing of any order to show
cause why a preliminary injunction should not be issued, or upon the
hearing of any motion for a preliminary injunction, or if the court
shall find, in any such action, that any defendant therein is
violating, or has violated, this chapter, then the court shall enjoin
the defendant from doing all acts which are prohibited by the
section, or sections, of which any provision thereof is being
violated, or has been violated, by the defendant.

17079. The court may, in its discretion, include in any injunction
against a violation of this chapter such other restraint as it may
deem expedient in order to deter the defendant from, and insure
against, his committing a future violation of this chapter.

17080. Any injunction against a violation of this chapter, whether
interim or final, shall cover every article or product and not merely
the particular article or product involved in the action.

17081. It is not necessary for the plaintiff, in any action under
this chapter, to provide or file any undertaking or bond for the
issuance of any interim or final injunction.

17082. In any action under this chapter, it is not necessary to
allege or prove actual damages or the threat thereof, or actual
injury or the threat thereof, to the plaintiff. But, in addition to
injunctive relief, any plaintiff in any such action shall be entitled
to recover three times the amount of the actual damages, if any,
sustained by the plaintiff, as well as three times the actual
damages, if any, sustained by any person who has assigned to the
plaintiff his claim for damages resulting from a violation of this
chapter.
In any action under this chapter in which judgment is entered
against the defendant the plaintiff shall be awarded a reasonable
attorney's fee together with the costs of suit.
The amendments to this section adopted at the 1959 Regular Session
of the Legislature do not apply to any action commenced prior to
September 18, 1959.

17083. The testimony of any witness in any action brought under
this chapter may be taken by deposition. The provisions of Chapter 3
(commencing with Section 2002) of Title 3 of Part 4 of, and the
provisions of Title 4 (commencing with Section 2016.010) of Part 4
of, the Code of Civil Procedure are applicable to the witness, the
testimony and the deposition.
In addition, the books and records of any party, or of any such
witness, may be subpoenaed into court and introduced into evidence,
or introduced, by reference, into evidence, and may be required to be
produced at the taking of the deposition of any party or of any such
witness and there inquired into.

17084. Any party to any action brought under this chapter may, upon
notice, apply to the court in which the action is pending, or to any
judge thereof, for an order requiring any other party to give to the
applicant, within a specified time, an inspection and copy, or
permission to take a copy, of entries of accounts in any book, or of
any documents, papers, or memoranda in such party's possession or
under his control containing evidence relating to the merits of any
such action or any defense therein.
If a compliance with the order is refused, the court shall exclude
the entries of accounts in any such book, or any such document,
paper, or memorandum from being given in evidence by the other party,
or if wanted as evidence by the applicant the court shall presume
them to be as the applicant alleges.

17085. If, at any time while any action for a violation of this
chapter is pending, it appears to the court that an extensive
examination of books, papers, records, or documents is or may become
material or relevant to the issues in the action, the court may, in
its discretion, upon the application of any party to the action, or
upon its own motion, order a reference to be had in the manner and
form provided in Part 2, Title 8, Chapter 6 of the Code of Civil
Procedure.

17086. No information obtained under this article, or under Title 4
(commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure, may be used against any party, or any witness, as a basis
for a misdemeanor or felony prosecution in any court of this state.

17087. In any action or proceeding, civil or criminal, brought by
the Attorney General or any district attorney for the violation of
this chapter, no person shall be excused from attending, testifying
or producing books, papers, or documents in obedience to subpoena or
under order of court on the ground that the testimony or evidence
required of him may tend to incriminate him or subject him to any
penalty.
No individual shall be prosecuted or subjected to any penalty for
or on account of any transaction, matter, or thing concerning which
he may so testify or produce evidence in any action or proceeding
brought by the Attorney General or district attorney under this
chapter.