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Torts
Nuisance
Public Nuisance, Gang Injunction

People of the State of California v. Big Top Locos, Crazys, Diamond Street Locos, Echo Park Locos, Frogtown Rifa and Head Hunters

Published: Oct. 12, 2013 | Result Date: Sep. 24, 2013 | Filing Date: Jan. 1, 1900 |

Case number: BC511444 Bench Decision –  Permanent Injunction

Court

L.A. Superior Central


Attorneys

Plaintiff

James A. McDougal

Anne C. Tremblay
(Office of the City Attorney Los Angeles)


Facts

The State of California filed a complaint seeking a criminal gang injunction against six rival gangs in Echo Park. It sought to enjoin members of the Big Top Locos, Crazys, Diamond Street Locos, Echo Park Locos, Frogtown and Head Hunters.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that it sought to enjoin members of Echo Park street gangs in an effort to take the neighborhood back from those individuals. Plaintiff claimed that for many years the defendants have engaged in extensive graffiti, vandalism, aggravated assaults, shootings, and murders.

The injunction proposed safety zones and would prohibit defendants from association with associated gang members in public, intimidating or harassing members of the community as well as prohibiting firearms possession, narcotics, or alcohol in public.

INTERVENOR-DEFENDANT'S CONTENTIONS:
Proposed intervenor Peter Arellano filed a notice of motion and motion for leave to file complaint in intervention to determine if the City's proposed injunction should be granted and whether it is constitutional. Arellano contends that the "probation-like" injunction may hinder his civil liberties.

Representatives for the potentially nine prospective intervening parties contend that the permanent injunction was issued before anyone had a chance to intervene. The named defendants, by the nature of their alleged status as criminal street gangs, are incapable of legal representation - no alleged gang has ever appeared in any gang injunction case.

Result

Judge Abraham Khan granted the permanent injunction.

Other Information

A hearing on proposed intervenor Arellano's motion is scheduled for Nov. 13. On Oct. 7, intervenor-defendant filed an ex-parte application for an order to stay enforcement of the injunction while the case is pending.


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