California CodesBusiness and Professions Code - BPCDivision 9 — Alcoholic BeveragesChapter 12 — Beer Price Posting and Marketing RegulationsSection 25008
(a) Any trade association having as members licensed beer manufacturers or licensed beer wholesalers representing more than half of the volume of beer sold in California for three months prior to the date of a filing of any suit authorized in this chapter may maintain an action to enjoin a continuance of any act or acts in violation of this chapter or any rule adopted pursuant thereto and, if injured thereby, for the recovery of damages. If in the action the court finds the defendant is violating or has violated any of the provisions of this chapter or any rule adopted pursuant thereto, the court shall enjoin the defendant from a continuance or further violation thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved in the action, and proof of a violation of this chapter or any rule adopted pursuant thereto shall be presumptive evidence of an intention to continue to violate this chapter or any such rule.
(b) Any trade association having as members licensed beer manufacturers or licensed beer wholesalers representing more than half of the volume of beer sold in California for three months prior to the date of a filing of a petition to intervene shall, upon the filing of the petition, be permitted to intervene as a party in any proceeding, whether before the department, any other administrative agency, or any court, which involves, in whole or part, the validity of any portion of the Alcoholic Beverage Control Act or of any rule adopted pursuant thereto. Intervention shall be permitted, upon petition, at any time before a final determination or adjudication has been rendered in the proceeding. In the case of an adjudicatory proceeding, an intervening trade association shall have the same right to participate in discovery and trial as any other party.
Notes
Allows a beer manufacturer or wholesaler trade association representing more than half of California beer volume during the preceding three months to sue to enjoin violations and recover damages if injured, without proving actual damages for injunctive relief. Also allows intervention before final determination in proceedings involving the Act or its rules, with full discovery and trial rights in adjudications.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 25008 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-9/chapter-12/section-25008