Section § 17070

Explanation

This law allows people or trade groups to take legal action to stop and prevent violations of certain rules in this chapter. They can also seek money for any harm they suffered because of the violations.

Any person or trade association may bring an action to enjoin and restrain any violation of this chapter and, in addition thereto, for the recovery of damages.

Section § 17071

Explanation

This law states that if someone sells or gives away a product for less than it costs or at unfairly low prices, and it causes harm, it's automatically assumed that their intention was to hurt competitors or destroy competition.

In all actions brought under this chapter proof of one or more acts of selling or giving away any article or product below cost or at discriminatory prices, together with proof of the injurious effect of such acts, is presumptive evidence of the purpose or intent to injure competitors or destroy competition.

Section § 17071.5

Explanation

This law says that if a retail business limits the quantity of an item sold to each customer and sells it for less than what it cost them to buy or replace it, it's assumed they're trying to hurt their competitors or eliminate competition. However, this only applies to businesses that mostly resell products they bought, not those selling products they made themselves.

In all actions brought under this chapter proof of limitation of the quantity of any article or product sold or offered for sale to any one customer to a quantity less than the entire supply thereof owned or possessed by the seller or which he is otherwise authorized to sell at the place of such sale or offering for sale, together with proof that the price at which the article or product is so sold or offered for sale is in fact below its invoice or replacement cost, whichever is lower, raises a presumption of the purpose or intent to injure competitors or destroy competition. This section applies only to sales by persons conducting a retail business the principal part of which involves the resale to consumers of commodities purchased or acquired for that purpose, as distinguished from persons principally engaged in the sale to consumers of commodities of their own production or manufacture.

Section § 17072

Explanation

If there's a specific industry or trade with a standard cost survey in a certain area, that survey can be used as valid evidence to show how much it costs for someone involved in that industry.

Where a particular trade or industry, of which a person complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, that cost survey is competent evidence to be used in proving the costs of such person.

Section § 17073

Explanation

This law states that when there's a legal case about selling products under certain circumstances, the average cost of doing business, along with what it costs to produce or buy each product, can be used as evidence. For producers, this means the cost to make the product, and for distributors, it's about the lower of either the invoice or the replacement cost. This evidence helps establish the cost of the products involved in the case.

Proof of average overall cost of doing business for any particular inventory period when added to the cost of production of each article or product, as to a producer, or invoice or replacement cost, whichever is lower, of each article or product, as to a distributor, is presumptive evidence of cost of each such article or product involved in any action brought under this chapter.

Section § 17074

Explanation

This law says that if the California Public Utilities Commission sets and approves transportation tariffs, those tariffs are considered solid evidence of delivery costs. Essentially, the approved tariffs can be used to show how much transporting something should cost.

Proof of transportation tariffs when fixed and approved by the Public Utilities Commission of the State of California is presumptive evidence of delivery cost.

Section § 17075

Explanation

This law says that if someone is accused of selling products for less than it costs to run their business, and they are paying workers less than the usual wage for that area and job, this wage information can be used as evidence to show they might be trying to break a specific law.

In any action where it is alleged and shown that the person complained against is selling below his cost of doing business, and such person is including labor at less than the prevailing wage scale in the trade in which such person is engaged for the locality or vicinity in which he is doing business, evidence of such prevailing wage scale shall be admissible to prove the intent or purpose of such person to violate this chapter.

Section § 17076

Explanation

This law deals with cases where someone is employed or offering services without pay or for less pay than usual. If this happens in a business involved in legal action under this chapter, the value of their services should be considered a business expense. The rate used should be the normal pay rate for that job, at that time and place.

In any action brought under this chapter, where persons are employed or performing services for any person or in the conduct of the business wherein such person is charged with a violation of this chapter, and are so employed or performing such services without compensation or at a wage lower than that prevailing at the time and place of the service for the particular services performed, such services shall be charged as an expense of the business in which rendered and at the rate of the wage for the services rendered prevailing at the time of the service at the place where rendered.

Section § 17077

Explanation

This law says that if someone is taken to court for selling goods below cost, and the price they paid for their raw materials isn't clear in cash terms, the law will assume the cost of those materials is the going market rate for similar materials in the area where and when they were bought.

In any action or prosecution for sales below cost in violation of this chapter, if the defendant acquires his raw materials for a consideration not wholly or definitely computable in money, the cost of the raw materials shall be presumed to be the prevailing market price for similar raw materials in the ordinary channels of trade in the locality or vicinity in which such raw materials were acquired, at the time of the acquisition.

Section § 17078

Explanation

This law says that if someone asks for a temporary restraining order or injunction, and it's shown that a defendant is breaking certain rules, the court can stop that person from continuing to break those rules. Basically, if the court finds someone violating the law, it can order them to stop doing what's forbidden.

If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court shall find, in any such action, that any defendant therein is violating, or has violated, this chapter, then the court shall enjoin the defendant from doing all acts which are prohibited by the section, or sections, of which any provision thereof is being violated, or has been violated, by the defendant.

Section § 17079

Explanation

This law lets a court include additional restrictions in a legal order to stop someone from breaking the rules in the future. The idea is to prevent further violations by the person involved.

The court may, in its discretion, include in any injunction against a violation of this chapter such other restraint as it may deem expedient in order to deter the defendant from, and insure against, his committing a future violation of this chapter.

Section § 17080

Explanation

If a court issues an order to stop someone from breaking this part of the law, that order will apply to all similar items or products, not just the specific ones mentioned in the case.

Any injunction against a violation of this chapter, whether interim or final, shall cover every article or product and not merely the particular article or product involved in the action.

Section § 17081

Explanation

If you're taking legal action under this chapter, you don't need to put up a financial guarantee or bond to get a temporary or permanent court order to stop someone from doing something.

It is not necessary for the plaintiff, in any action under this chapter, to provide or file any undertaking or bond for the issuance of any interim or final injunction.

Section § 17082

Explanation

This law allows a plaintiff to sue without needing to prove they suffered actual damages or injuries. If they win, they can receive up to three times the actual damages they or others assigned to them suffered. The plaintiff can also receive reasonable attorney's fees and other costs if they win. However, these rules don't apply to lawsuits started before September 18, 1959.

In any action under this chapter, it is not necessary to allege or prove actual damages or the threat thereof, or actual injury or the threat thereof, to the plaintiff. But, in addition to injunctive relief, any plaintiff in any such action shall be entitled to recover three times the amount of the actual damages, if any, sustained by the plaintiff, as well as three times the actual damages, if any, sustained by any person who has assigned to the plaintiff his claim for damages resulting from a violation of this chapter.
In any action under this chapter in which judgment is entered against the defendant the plaintiff shall be awarded a reasonable attorney’s fee together with the costs of suit.
The amendments to this section adopted at the 1959 Regular Session of the Legislature do not apply to any action commenced prior to September 18, 1959.

Section § 17083

Explanation

This law allows witnesses in certain cases to give their testimony through depositions, which means giving evidence under oath outside of court. Specific legal rules about depositions apply here. Also, any relevant books and records can be called into court through a subpoena, referenced as evidence, or reviewed during a deposition.

The testimony of any witness in any action brought under this chapter may be taken by deposition. The provisions of Chapter 3 (commencing with Section 2002) of Title 3 of Part 4 of, and the provisions of Title 4 (commencing with Section 2016.010) of Part 4 of, the Code of Civil Procedure are applicable to the witness, the testimony and the deposition.
In addition, the books and records of any party, or of any such witness, may be subpoenaed into court and introduced into evidence, or introduced, by reference, into evidence, and may be required to be produced at the taking of the deposition of any party or of any such witness and there inquired into.

Section § 17084

Explanation

If you're involved in a court case, you can ask the court to make the other party let you see and copy documents or records that are important to the case. If they refuse and the court agrees, those documents can't be used as evidence by them. If you want to use them as evidence, it's assumed they say what you claim they say.

Any party to any action brought under this chapter may, upon notice, apply to the court in which the action is pending, or to any judge thereof, for an order requiring any other party to give to the applicant, within a specified time, an inspection and copy, or permission to take a copy, of entries of accounts in any book, or of any documents, papers, or memoranda in such party’s possession or under his control containing evidence relating to the merits of any such action or any defense therein.
If a compliance with the order is refused, the court shall exclude the entries of accounts in any such book, or any such document, paper, or memorandum from being given in evidence by the other party, or if wanted as evidence by the applicant the court shall presume them to be as the applicant alleges.

Section § 17085

Explanation

This law allows a court to order a thorough review of books, papers, or records if they seem important to a case about violations of this chapter. The court can do this if one of the parties involved asks for it or if the court thinks it's necessary on its own. The process will follow specific procedures outlined in another part of the legal code.

If, at any time while any action for a violation of this chapter is pending, it appears to the court that an extensive examination of books, papers, records, or documents is or may become material or relevant to the issues in the action, the court may, in its discretion, upon the application of any party to the action, or upon its own motion, order a reference to be had in the manner and form provided in Part 2, Title 8, Chapter 6 of the Code of Civil Procedure.

Section § 17086

Explanation

This law section states that any information gathered under certain legal procedures cannot be used to prosecute someone for a misdemeanor or felony in California.

No information obtained under this article, or under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, may be used against any party, or any witness, as a basis for a misdemeanor or felony prosecution in any court of this state.

Section § 17087

Explanation

This law says that if you're summoned to testify or present evidence in a court case related to a violation of this chapter, you can't refuse by saying it might make you look guilty or lead to a penalty. The good news is, if you do testify or provide evidence, you won't be prosecuted or penalized for anything you reveal during that testimony.

In any action or proceeding, civil or criminal, brought by the Attorney General or any district attorney for the violation of this chapter, no person shall be excused from attending, testifying or producing books, papers, or documents in obedience to subpoena or under order of court on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to any penalty.
No individual shall be prosecuted or subjected to any penalty for or on account of any transaction, matter, or thing concerning which he may so testify or produce evidence in any action or proceeding brought by the Attorney General or district attorney under this chapter.