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HomeHealth and Safety CodeDiv. 26Pt. 4Ch. 4Art. 4§ 42454 Abatement Order Enforcement

§ 42454 Abatement Order Enforcement

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 42454 Abatement Order Enforcement

Key Takeaways

  • •If someone breaks a rule and gets an order to stop, the court can quickly make them stop without waiting for more proof.
  • •The court doesn’t need to check if there’s another way to fix the problem or if the harm is super bad.
  • •If the person keeps breaking the rule after being told to stop, the court can make them stop right away.

Example

A factory keeps dumping dirty water into a river even after being told to stop.

The court can immediately order the factory to stop dumping waste without waiting to see if the river gets super polluted or if there’s another way to punish the factory.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 42454 Abatement Order Enforcement

Proceedings under Section 42453 shall conform to the requirements of Chapter 3 (commencing with Section 525), Title 7, Part 2 of the Code of Civil Procedure, except that it shall not be necessary to show lack of adequate remedy at law or to show irreparable damage or loss. If, in any such proceeding, it shall be shown that an order for abatement has been made, that it has become final, and that its operation has not been stayed, it shall be sufficient proof to warrant the granting of a preliminary injunction. If, in addition, it shall be shown that the respondent continues, or threatens to continue, to violate such order for abatement, it shall be sufficient proof to warrant the immediate granting of a temporary restraining order. (Added by Stats. 1975, Ch. 957.)

Last verified: January 24, 2026

Key Terms

injunctionabatement orderrespondentrestraining orderremedyactivityif someonecivil procedure

Related Statutes

  • § 44057 Enjoining Environmental Violations
  • § 42452 Abatement Order Conditions
  • § 42453 Injunctions For Abatement Violations
  • § 13253 Injunctions Without Irreparable Harm
  • § 25184 Injunctions Without Irreparable Harm

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 42454.
View Official Source