California Business and Professions Code 9851 – (a) The superior court in and for the county wherein any person …
(a) The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b) The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
Terms Used In California Business and Professions Code 9851
- County: includes city and county. See California Business and Professions Code 17
- Director: means the Director of Consumer Affairs. See California Business and Professions Code 9801
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes a firm, partnership, association, limited liability company, or corporation. See California Business and Professions Code 9801
- Service contractor: means a service contract administrator or a service contract seller. See California Business and Professions Code 9855
- Service dealer: means a person who, for compensation, engages in, or holds themselves out to the public as offering services in the business of:
California Business and Professions Code 9801
(c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 83) by Stats. 2023, Ch. 508, Sec. 14. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 15 of Stats. 2023, Ch. 508.)