Witzerman

Appellants, Joe Witzerman, John Sarver and William S. Eichelberger, appeal from a judgment enjoining them and other persons from, among other things, offering for sale and selling certain cattle care contracts and making or causing to be made certain untrue and misleading statements in connection therewith. The judgment also subjects them and three defaulted defendants, Ranchland Management, Inc., De B. Forslund and Dorothy C. Forslund, jointly and severally, to a civil penalty of $50,000.

The judgment was entered in an action brought by the Attorney General and the Commissioner of Corporations pursuant to Business and Professions Code sections 17535 and 17536 (civil sanctions against false advertising) and former Corporations Code section 26101 (injunction against violation of Corporate Securities Law). Appellants contend that the penalty portion of the judgment should be reversed for the following reasons: (1) they were denied their constitutional right toi a trial by jury; (2) the contracts were not secúrities within the meaning of Corporations Code section 25008; (3) Business and Professions Code sections 17500 and 17536 are unconstitutionally vague; (4) section…