SECTIONS 55110-55113 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 55110-55113

55110. The commission may receive and investigate complaints
regarding alleged violations of this chapter. The commission may
refer cases to the department for action.

55111. (a) The commission shall provide notice to the person or
persons, and to the secretary, alleged to have violated the
provisions of this chapter informing him or her of the commission's
decision to take further action pursuant to this article. The person
may seek a review of the commission's decision by the secretary and
thereafter may seek judicial relief.
(b) Notwithstanding subdivision (a) and Section 55111.5, the
commission may immediately seek injunctive relief, as specified in
Section 55112. Any injunction obtained by the commission shall remain
in full force and effect pending any review by the secretary.

55111.5. The commission may enter into a written agreement with any
person alleged to have violated this chapter that will cause the
cessation of any alleged violation and avoidance of future
violations.

55112. (a) The commission may commence civil actions and utilize
all remedies provided in law or equity for the collection of
assessments and for obtaining a writ of attachment, specific
performance, or injunctive relief regarding this chapter. The
commission may seek a writ of attachment or injunctive relief,
including, but not limited to, a temporary restraining order,
preliminary injunction, or a permanent injunction, in order to
prevent any violation or threatened violation of this chapter.
(b) The commission shall provide notice to the person alleged to
have violated this chapter prior to commencing a civil action.
(c) 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, or has
threatened to violate, this chapter. No bond shall be required to be
posted by the commission as a condition for the issuance of the
requested writ of attachment or injunctive relief.
(d) 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 the Code of Civil Procedure shall not be 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 the Code of Civil
Procedure shall not be required.
(e) 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 rice until there is full
compliance and satisfaction of the judgment. Venue for these actions
may be established at the domicile or place of business of the
defendant or in the county of the principal place of business of the
commission. The commission may be sued only in the county of its
principal office.
(f) Prior to bringing an action for injunctive relief pursuant to
this section, the commission shall review all available information,
recommend specific enforcement action to the secretary, and allow the
secretary the opportunity to respond. Notwithstanding the secretary'
s response, nothing in this section shall be construed as preventing
the commission from bringing the action.

55113. The commission shall be entitled to receive reimbursement
for any reasonable attorney's fees and other related costs,
including, but not limited to, investigative costs, involved in
enforcement of this chapter.