P. ex rel. DuFauchard v. O'Neal

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Filed 12/29/09 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE THE PEOPLE ex rel. PRESTON DUFAUCHARD, as Corporations Commissioner, etc., B209612 (Los Angeles County Super. Ct. No. BC360749) Plaintiff and Respondent, v. ORDER MODIFYING OPINION ANTHONY O NEAL, [NO CHANGE IN JUDGMENT] Defendant and Appellant. THE COURT: It is ordered that the opinion filed herein on December 9, 2009 is modified as follows: On page 28, at the end of line 20, insert new footnote 30, with the following text: There is also a fourth enforcement mechanism: the Commissioner may issue a desist and refrain order, which may be challenged pursuant to the Administrative Procedure Act. (Corp. Code, § 25532.) This mechanism is not at * Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of parts 2 through 17 of the FACTUAL AND issue in this case. Instead, when we refer to an administrative action or administrative enforcement action, we mean, as discussed below, an action brought by the Commissioner under Corporations Code section 25530. In this regard, we are using the terminology established by the Supreme Court in People v. Simon, supra, 9 Cal.4th at pp. 514-515. The remaining footnotes are to be renumbered. [There is no change in the judgment.] PROCEDURAL BACKGROUND, and parts 3 through 6 of the DISCUSSION. 2

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