People Ex Rel. Van De Kamp v. Cappuccio, Inc.

In a complaint filed in Monterey County Superior Court, defendants Frank and Santo Cappuccio, Cappuccio, Inc. (dba U. S. Freezer Co.), Rosaría Cappuccio, and Does I through X, were alleged to have committed unlawful business practices by understating the weight of squid purchased from fishermen, in violation of Fish and Game Code section 8011. It was also alleged that the understating of the weight resulted in defendants’ not paying the full tax due under Fish and Game Code section 8045. The failure to use the correct weight figures was further alleged to have violated Business and Professions Code section 12512, which precludes a purchaser from buying any commodity according to a quantity which is less than the true quantity when the equipment used to measure the quantity is supplied by the purchaser.

The prayer in the complaint asked for a permanent injunction requiring defendants to properly prepare receipts as required by Fish and Game Code section 8011; to pay the full privilege tax pursuant to Fish and Game Code section 8045; to purchase fish from fishermen by representing that the quantity purchased is the true quantity, rather than something less than the true…