Legal Question in Consumer Law in California
Can Small Claims Courts issue an injunction?
I have filed an action in Small Claims Court alleging Breach of Contract and Breach of the Covenant of Good Faith and Fair Dealings (B&P Code 17200, 17500). The Defendant is operating a business without a required state license. It is a misdemeanor (B&P Code 10167). The defendant is aware that they don't have the required license. It is required by statute that the contract for the type of business be approved by the state agency prior to licensing.
Q: If the contract has been entered into fraudulently or without the legal capacity to issue the contract, does it then become void?
Q: If the judge is aware of on going criminal activity, can he issue an injuntion, and / or refer the case for criminal prosecuction?
1 Answer from Attorneys
Re: Can Small Claims Courts issue an injunction?
No, they can only award money damages. anyone, even you, can report criminal activity.
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