§ 79984. — 79984. (Added by Stats. 2024, Ch. 725, Sec. 1.)

California § 79984.

• Jurisdiction: California
• Code FAC: Food and Agricultural Code - FAC
• Div. 22.: DIVISION 22. MARKETING ADVISORY AND PROMOTIONAL AGENCY LAWS
• Part 2.: PART 2. MARKETING ADVISORY AND PROMOTIONAL COUNCILS AND COMMISSIONS
• Ch. 30.: CHAPTER 30. California Agave Commission
• Art. 7.: ARTICLE 7. Actions and Penalties

Text

(a)
The commission may commence civil actions and use all remedies provided in law or equity for the collection of assessments and civil penalties, and for obtaining injunctive relief or specific performance, relating to this chapter and the procedures adopted under 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 other procedures of the commission, including, but not limited to, the nonpayment of assessments. A bond shall not be required to be posted by the commission 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 is not 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 of inadequate remedy at law specified by Section 526 or 527 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 the cultivating or processing of agave until there is full compliance with, and satisfaction of, the judgment.
(d)
Upon a favorable judgment for the commission, the court may order that the commission be reimbursed for reasonable attorney’s fees and other related costs actually incurred. Venue for these actions is 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.

Legislative History

Added by Stats. 2024, Ch. 725, Sec. 1. (AB 2606) Effective January 1, 2025.