California Business and Professions Code

§ 19804

BPC § 19804 Effective Jan 1, 2025Div. 8 · Ch. 5 · Art. 1

Statute text

(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.

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Legislative history

Amended by Stats. 2024, Ch. 860, Sec. 3. (SB 549) Effective January 1, 2025.