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BUSINESS & PROFESSIONS CODE

Division 7 General Business Regulations

§ 17207. Violation of injunction

(a) Any person who intentionally violates any injunction prohibiting unfair competition issued pursuant to Section 17203 shall be liable for a civil penalty not to exceed six thousand dollars ($6,000) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of that conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of that conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant.

(b) The civil penalty prescribed by this section shall be assessed and recovered in a civil action brought in any county in which the violation occurs or where the injunction was issued in the name of the people of the State of California by the Attorney General or by any district attorney, any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or any city attorney in any court of competent jurisdiction within his or her jurisdiction without regard to the county from which the original injunction was issued. An action brought pursuant to this section to recover civil penalties shall take precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law.

(c) If such an action is brought by the Attorney General, one-half of the penalty collected pursuant to this section shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment is entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city, except that if the action was brought by a city attorney of a city and county the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment is entered.

(d) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action.

Before any penalty collected is paid out pursuant to subdivision (c), the amount of the reasonable expenses incurred by the board shall be paid to the State Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the State Treasurer. The amount of the reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county which funds the local agency.


Added Stats 1977 ch 299 § 1. Amended Stats 1979 ch 897 § 3; Stats 1991 ch 1195 § 3 (SB 709), ch 1196 § 3 (AB 1755).

ANNOTATIONS

Amendments:

1979 Amendment:
Added subd (d).

1991 Amendment:
(1) Substituted "that" for "such" wherever it appears in subd (a); (2) amended the first sentence in subd (b) by adding (a) "any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance,"; and (b) "or her" after "within his"; (3) deleted "such" after "section to recover" in the second sentence of subd (b); (4) substituted the second and third sentences in subd (c) for the former second and third sentences of subd (c) which read: "If brought by a district attorney the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment is entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city."; and (5) substituted "the" for "such" after "The amount of" in the third sentence of the last paragraph. (As amended Stats 1991 ch 1196, compared to the section as it read prior to 1991. This section was also amended by an earlier chapter, ch 1195. See Gov C § 9605.)

Historical Derivations:
Former CC § 3370.2, as added Stats 1976 ch 1006 § 1.
Collateral References:
Cal Forms Pl & Practice (Matthew Bender) ch 565 "Unfair Competition" IB
Witkin Summary (9th ed) Equity § 93
Cal Jur 3d (Rev) Consumer and Borrower Protection Laws § 81
Annotations
Use of "family name" by corporation as unfair competition. 72 ALR3d 8

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