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HomeFood and Agricultural CodeDiv. 22Pt. 2Ch. 18Art. 7§ 77643 Commission Enforcement Powers

§ 77643 Commission Enforcement Powers

Food and Agricultural Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 77643 Commission Enforcement Powers

Key Takeaways

  • •The commission can take people to court if they break the rules, like not paying fees or following timber laws.
  • •The court can freeze money or stop bad actions quickly if the commission shows someone probably broke the rules.
  • •If someone loses in court, they can’t do timber business until they follow the rules and pay what they owe.
  • •The commission can get its lawyer fees paid if it wins the case.

Example

A timber company doesn’t pay its required fees to the commission.

The commission can go to court to freeze the company’s money or stop them from selling wood until they pay. If the company loses, they can’t do any timber business until they pay up, and they might have to cover the commission’s lawyer costs.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 77643 Commission Enforcement Powers

(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. (Added by Stats. 1990, Ch. 550, Sec. 1. Effective August 27, 1990.)

Last verified: January 23, 2026

Key Terms

judgmentcomplianceregulationperformancecommissionremedydefendantattachment

Related Statutes

  • § 68113 Commission Enforcement Powers
  • § 77863 Commission Enforcement Powers
  • § 77997 Commission Enforcement Powers
  • § 78297 Commission Enforcement Authority
  • § 79283 Commission Enforcement Powers

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Food and Agricultural Code. Section 77643.
View Official Source