If the Attorney General does not seek restitution in his complaint but confines his prayer to an injunction and civil penalties, can the Attorney-Vendees intervene in the action?

California, United States of America


The following excerpt is from People v. Pacific Land Research Co., 141 Cal.Rptr. 20, 20 Cal.3d 10, 569 P.2d 125 (Cal. 1977):

If the Attorney General does not seek restitution in the complaint but confines his prayer for relief to an injunction and civil penalties, there is [20 Cal.3d 19] an inevitable potential of the vendees taking advantage of a preliminary or final determination in their favor. For example, in the present case if the People had not sought restitution there would have been no occasion to notify the vendees of the action. Nevertheless, the trial court could have ordered restitution on its own motion at the conclusion of the action on the merits under section 17535. Alternatively, the vendees could have sought to intervene after the preliminary injunction was issued and a preliminary determination on the merits made, and the trial court could have allowed intervention on the theory that "there is risk their contributions to the venture will be used to pay statutory penalties . . . ." (People v. Superior Court (Good) 17 Cal.3d 732, 737, 131 Cal.Rptr. 800, 803, 552 P.2d 760, 763.) 9 However, the vendees could merely await the outcome of the People's action and seek restitution in a later suit in which the defendants, if they lost in the first action, might be subject to collateral estoppel while the plaintiff-vendees would not be bound by a determination in defendants' favor in that action.

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can the Attorney General or any district or city attorney bring a civil action for equitable or injunctive relief? (California, United States of America)
Does the failure of the District Attorney to obtain restitution for the majority of investors for whom restitution had been sought in the original complaint justify intervening on behalf of the class? (California, United States of America)
Does the Attorney General have forfeited a contention of substantial rights under section 1259 of the California Civil Code of Civil Procedure Act? (California, United States of America)
What is the difference between a personal and official capacity civil action and a civil action for deprivation of federal rights? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
In a civil action brought by the Attorney General for the purposes of forfeiture, what is the test for forfeiture? (California, United States of America)
In a civil action brought by the Attorney General for the purposes of forfeiture, what is the test for forfeiture? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
What is the test for a civil action under Section 1983 of the Civil Code of Civil Procedure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.