PART 4. ENFORCEMENT
Part 4 added by Stats. 1970, Ch. 1400.
§§ 31300–31420 · 22 sections
CHAPTER 1. Civil Liability §§ 31300–31306 · 8 sections
- § 31300 (a) Any person who offers or sells a franchise in violation of Section 31101, 31110, 31119, 31200, or 31202, or in violation of any provision of this division…
- § 31301 Any person who violates Section 31201 shall be liable to any person (not knowing or having cause to believe that such statement was false or misleading) who,…
- § 31302 Every person who directly or indirectly controls a person liable under Section 31300 or 31301, every partner in a firm so liable, every principal executive…
- § 31302.5 (a) Any person who violates Section 31220 may be sued in the superior court in the county in which the defendant resides or where a franchise affected by the…
- § 31303 No action shall be maintained to enforce any liability created under Section 31300 unless brought before the expiration of four years after the act or…
- § 31304 No action shall be maintained to enforce any liability created under Section 31301 unless brought before the expiration of two years after the violation upon…
- § 31305 Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.
- § 31306 Nothing in this chapter shall limit any liability which may exist by virtue of any other statute or under common law if this law were not in effect.
CHAPTER 2. Powers of the Commissioner §§ 31400–31408 · 10 sections
- § 31400 (a) Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision…
- § 31400.1 In any proceeding under Section 31400, the court may prohibit, conditionally or unconditionally, and permanently or for such period of time as it shall…
- § 31401 (a) The commissioner may in his discretion (1) make such public or private investigations within or outside of this state as he deems necessary to determine…
- § 31402 If, in the opinion of the commissioner, the offer of any franchise is subject to registration under this law and it is being, or it has been, offered for sale…
- § 31403 If, in the opinion of the commissioner, the offer of any franchise exempt from registration under this law is being or has been offered for sale without…
- § 31404 The commissioner may refer evidence that is available concerning any violation of this law or of any rule or order hereunder to the district attorney of the…
- § 31405 (a) Any person who violates any provision of this law, or who violates any rule or order made under this law, shall be liable for a civil penalty not to exceed…
- § 31406 (a) If, upon inspection or investigation, based upon a complaint or otherwise, the commissioner has cause to believe that a person is violating or has violated…
- § 31407 (a) If, after examination or investigation, the commissioner has reasonable grounds to believe that any person is conducting or has conducted business in…
- § 31408 (a) If the commissioner determines it is in the public interest, the commissioner may include in any administrative action brought under this division,…
CHAPTER 3. Crimes §§ 31410–31412 · 3 sections
- § 31410 Any person who willfully violates any provision of this law, or who willfully violates any rule or order under this law, shall upon conviction be fined not…
- § 31411 Any person who willfully employs, directly or indirectly, any device, scheme, or artifice to defraud in connection with the offer or sale of any franchise or…
- § 31412 Nothing in this law limits the power of the state to punish any person for any conduct which constitutes a crime under any other statute.
CHAPTER 4. Service of Process § 31420 · 1 section
- § 31420 When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this law or any rule or order hereunder, whether…