California Laws on Cease & Desist Letters

In California, an individual can stop another person, company or organization from engaging in unlawful behavior. A cease and desist letter can be sent by an attorney, judge or government agency. Cease and desist letters are often used to stop intellectual property infringement, libel and slander.

  1. Letter

    • A letter to cease and desist instructs a person to stop the illegal action. A cease and desist letter uses the threat of legal action to stop an entity or individual from continuing the harmful activity.

    Order

    • A court or government agency can issue a cease and desist order if the moving party establishes proof of the illegal activity. The court or government agency can issue a permanent or a temporary order that lasts until a final judgment on the matter is issued.

    Laws

    • In California, besides a court-issued order, the State Water Resources Board can issue a cease and desist order when a person violates or threatens to violate a water code or order by the board. California also allows an agricultural commissioner the power to issue a cease and desist order when a person sells or delivers pesticide in violation of the Food and Agricultural Code.

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