§ 31400. — 31400. (Amended by Stats. 1986, Ch. 698, Sec. 5.)

California § 31400.

• Jurisdiction: California
• Code CORP: Corporations Code - CORP
• Div.: 5.
• Title 4.: DIVISION 5. FRANCHISE INVESTMENT LAW
• Part 4.: PART 4. ENFORCEMENT
• Ch. 2.: CHAPTER 2. Powers of the Commissioner

Text

(a)
Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this law or any rule or order hereunder, the commissioner may in the commissioner’s discretion bring an action, or the commissioner may request the Attorney General to bring an action in the name of the people of the State of California, in the superior court to enjoin the acts or practices or to enforce compliance with this law or any rule or order hereunder. Upon a proper showing a permanent or preliminary injunction, restraining order or writ of mandate shall be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets.
(b)
If the commissioner determines it is in the public interest, the commissioner may include in any action authorized by subdivision (a) a claim for ancillary relief, including, but not limited to, a claim for restitution or disgorgement or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the court shall have jurisdiction to award that additional relief.

Legislative History

Amended by Stats. 1986, Ch. 698, Sec. 5.