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HomeHealth and Safety CodeDiv. 104Pt. 6Ch. 10Art. 3§ 113085 Department Injunction Authority

§ 113085 Department Injunction Authority

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 113085 Department Injunction Authority

Key Takeaways

  • •The government can go to court to stop someone from breaking health and safety rules.
  • •The court can order the person to stop breaking the rules right away, either temporarily or permanently.
  • •The government doesn’t have to prove that money or other fixes won’t work—they can just ask the court to stop the bad behavior.

Example

A restaurant keeps serving food that makes people sick, even after warnings.

The health department can go to court and ask a judge to order the restaurant to close or fix the problem immediately. The judge can make this happen without the health department having to prove that fines or other punishments won’t work.

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

Official Source
View on CA.gov

§ 113085 Department Injunction Authority

In addition to other remedies herein provided, the department may bring an action in the superior court, and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this chapter. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 23, 2026

Key Terms

temporary or permanent injunctionsuperior courtChapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure

Related Statutes

  • § 108415 Department Injunction Authority
  • § 111900 Enforcing Health Law Violations
  • § 113075 Pet Food Prohibited Acts
  • § 113080 Penalty For Violations
  • § 11570 Drug Nuisance Buildings

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 113085.
View Official Source