Unfair competition includes anything that can be called a business practice and at the same time is forbidden by the law . This means that B & P § 17200 borrows violations of other laws and treats those violations as unlawful practices by a business . So , when there is a violation of some other law , B & P § 17200 can be used to treat the action as unfair competition and be independently actionable by prosecutors . Some of the remedies available under B & P § 17200 are : an injunction , civil penalties , restitution and reimbursement of emergency costs . An injunction is a court order that prohibits a business from continuing its unlawful activity . Civil penalties under B & P § 17200 are mandatory if a violation is found and a business can be penalized up to $ 2,500.00 for each violation it had committed . One important distinction between a criminal prosecution and a civil prosecution is that at trial , a civil prosecution requires proof only by a “ preponderance of evidence ” rather than “ beyond a reasonable doubt .”
The District Attorney ’ s Office , working in conjunction with the Neighborhood Police Unit , found multiple violations under the Controlled Substances Abatement Act , Red Light Abatement Act and Public Nuisance laws by The Redding Inn . ( See Penal Code §§ 11225-11235 ; Health & Safety Code § 11570 , and Civil Code §§ 3479 and 3480 ). The Neighborhood Police Unit ’ s investigations and reports allowed for the District Attorney ’ s Office , through DDA Jesrani , to file a civil lawsuit against the motel .
Shortly after the filing of the lawsuit , The Redding Inn made significant improvements and the calls for service there dropped by approximately 60 %. Additionally , The Redding Inn decided to cooperate and reached a settlement with the District Attorney ’ s Office within 4 months of the filing of the lawsuit .
The settlement included repayment to the Redding Police Department for its investigative costs and also included a contribution of $ 12,500.00 to the Neighborhood Police Unit to help continue its efforts of combating crime . The total judgment imposed $ 35,000.00 against the motel . In addition , strict compliance measures were imposed requiring the Redding Inn to hire a security guard , install security cameras , improve lighting , and change their business operations to those of a more conventional motel business . The business has since ceased operations . The civil prosecution highlights successful collaboration between the Redding Police Department and the Shasta County District Attorney ’ s Office . Both agencies had specialized units to specifically address these types of issues , and the collaboration helped achieve law enforcement goals of compliance , punishment and deterrence . ■
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