Code Section Group

Business and Professions Code - BPC

DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22948.25]

  ( Division 8 added by Stats. 1941, Ch. 44. )

CHAPTER 3.1. Household Movers Act [19225 - 19294]

  ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. )

ARTICLE 6. Proceedings [19268 - 19270]
  ( Article 6 added by Stats. 2017, Ch. 421, Sec. 8. )

19268.
  

(a) Except as otherwise provided in this chapter, all proceedings under this chapter to deny, suspend, amend, revoke, or place on probation a permit shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) A citation or fine assessment issued pursuant to a citation shall inform the household mover that, if he or she desires a hearing to contest a finding of a violation, the hearing shall be requested by written notice to the bureau within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 19294.)

19269.
  

Whenever the bureau determines that any household mover or any officer, director, or agent of any household mover is failing or omitting, or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, regulation, direction, or requirement administered by the bureau, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, in violation of law or of any order, decision, rule, regulation, direction, or requirement administered by the bureau, the bureau may request the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state to make an application to the superior court in and for the county, or city and county, in which the cause or some part of the cause arose, or in which the corporation complained of has its principal place of business, or in which the person complained of resides for the purpose of having the violations or threatened violations stopped and prevented, either by mandamus or injunction, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the household mover’s expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle. Any action or proceeding brought pursuant to this section by the Attorney General, or a district attorney, county counsel, city attorney, or city prosecutor, as applicable, shall be brought in the name of the people of the State of California, by petition to the superior court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction.

(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 19294.)

19269.1.
  

(a) Whenever the bureau determines that any household mover or any officer, director, or agent of any household mover has abandoned, or is abandoning, stored household goods or property of any shippers under contract with the household mover or movers, it may request the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state to commence a proceeding in superior court for the purpose of having the court appoint either a receiver or bureau staff to identify the stored items of property, to take possession of the property, and to arrange the return of the property to its owners in accordance with the orders of the court and with regard for the protection of all property rights involved.

(b) The proceeding shall be brought in the superior court in and for the county, or city and county, in which the cause or some part of the cause arose, or in which the person or corporation complained of has its principal place of business, or in which the person complained of resides. The proceeding shall be commenced in the name of the people of the State of California, by petition to the superior court, alleging the facts and circumstances involved and praying for appropriate relief by way of mandamus or injunction, or the appointment of a receiver, and authorizing the bureau to arrange for the hiring of a receiver who shall be required to comply with the requirements of Sections 566, 567, and 568 of the Code of Civil Procedure.

(c) The court may also appoint a receiver to manage the business of a household mover or movers and return property to its owner or owners upon a showing satisfactory to the court that the abandonment or threatened abandonment by the household mover jeopardizes property or funds of others in the custody or under the control of the household mover. The court may make any other order that it finds appropriate to protect and preserve those funds or that property.

(d) In the event a receiver is appointed by the court and the bureau is responsible for contracting for a receiver to carry out the duties authorized by this section, the bureau may contract on an emergency basis with a qualified person or corporation to serve as receiver under the conditions and guidelines set by the court. The contract for the receiver services may be executed by the bureau on an expedited basis. The receiver shall be paid from the fees collected pursuant to this chapter.

(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 19294.)

19270.
  

Upon the filing of such a petition, the court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the household mover complained of shall answer the petition, and in the meantime the household mover may be restrained. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances of the case. Those corporations or persons that the court deems necessary or proper to be joined as parties, in order to make its judgment, order, or writ effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief.

(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 19294.)

BPCBusiness and Professions Code - BPC6