§ 19804
325 words·~1 min read·
/ca/business-and-professions-code/19804·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In any action for declaratory or injunctive relief, or for relief by way of any extraordinary writ, other than an action initiated pursuant to Section 19932, wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or the commission issued pursuant thereto, is called into question, a court shall not grant any preliminary or permanent injunction, or any peremptory writ of mandate, certiorari, or prohibition, in connection therewith, except as follows:
(1)Upon proof by clear and convincing evidence that the department or the commission is abusing or threatens to abuse its discretion.
(2)Upon proof by clear and convincing evidence that the department or the commission is exceeding or threatens to exceed its jurisdiction.
(b)No temporary injunction or other provisional order shall issue to restrain, stay, or otherwise interfere with any action by the department or the commission, except upon a finding by the court, based on clear and convincing evidence, that the public interest will not be prejudiced thereby, and, except for preliminary injunctions, no order may be effective for more than 15 calendar days, except by stipulation of the department or commission. No preliminary order may be effective for more than 45 days, except by stipulation of the department or commission.
(c)This section does not relieve a petitioner’s obligation to exhaust administrative remedies.
(d)In an action for relief of any nature wherein the construction, application, or enforcement of this chapter, or any regulation adopted pursuant thereto, or any order of the department or commission issued pursuant thereto, is called into question, the party filing the pleading shall furnish a copy thereof to the department and to the commission. The copy shall be furnished by the party filing the pleading within 10 business days after filing.
(e)This section does not apply to an action for declaratory or injunctive relief authorized by Section 98020 of the Government Code.