Cal. Gov. Code § 12973
Unlawful Practices
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2013
As of January 1, 2011
Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.
(b) If the time for judicial review of a final commission order or decision has lapsed, or if all means of judicial review have been exhausted, the department may apply to the superior court in any county in which an action could have been brought under subdivision (b) of Section 12965 for the enforcement of the order or decision or order as modified in accordance with a decision on judicial review. If, after a hearing, the court determines that an order or decision has been issued by the commission and that either the time limits for judicial review have lapsed, or the order or decision was upheld in whole or in part on judicial review, the court shall issue a judgment and order enforcing the order or decision or order as modified in accordance with a decision on judicial review. The court shall not review the merits of the order or decision. The court’s judgment shall be nonappealable and shall have the same force and effect as, and shall be subject to all the provisions of law relating to, a judgment in a civil action.
(c) Notwithstanding subdivisions (a) and (b), where the reviewing court denies a petition for writ of mandate seeking review of a commission order or decision, the court shall enter judgment denying the petition and enforcing the commission’s final order or decision.
(d) If the commission has found that a respondent has engaged in an unlawful practice under this part and is liable for actual damages, an administrative fine, or a civil penalty, any amount due to that respondent by a state agency may be offset to satisfy the commission’s final order or decision.
(e) Notwithstanding any other provision of law, the commission is not liable for attorney’s fees of parties to the administrative adjudication of cases brought before the commission, including proceedings brought pursuant to Section 11523 of this code and Section 1094.5 of the Code of Civil Procedure.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.