SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA THE PEOPLE OF THE STATE OF CALIFORNIA, ex rel. Gregory D. Totten, as the District Attorney for the County of Ventura, Plaintiff, vs. COLONIA CHIQUES, an Unincorporated Association; and DOES 1 through 500, Inclusive, Defendants. RA MAY 1 9 2008 MICWQE. Ex . .Ecrk BY: . Deputy CASE NO. CIV226032 SECOND AMENDED JUDGMENT FOR PERMANENT INJUNCTION On the basis of the evidence presented and argument of counsel at the hearing held on March 2, 2005 through March 25, 2005, and based on the ?ndings and rulings set forth in the body of the court?s Amended Statement of Decision ?led June 1, 2005, the court found that there was good cause for the issuance of a permanent injunction. On June 1, 2005, the court issued an Amended Judgment for Permanent Injunction. On October 15, 2007, the Court of Appeal, Second Appellate District, Division 6, issued an opinion holding that the curfew provision (term I) of the Amended Judgment for Permanent Injunction was unconstitutionally vague, but otherwise af?rming the judgment. (People ex rel. Torten v. Colonia Chiques (2007) 156 Cal.App.4th 31, 2d Civil No. B184772.) On January 23, 2008, the Supreme Court of California denied the petition for review, Docket no. 8158537. SECOND AMENDED JUDGMENT FOR PERMANENT TNJUNCTION The People thereafter ?led a Notice of Motion to Modify Injunction seeking to modify the curfew provision. Following noticed hearing and argument of counsel, and pursuant to the court?s authority to modify the injunction to conform to law, the court modi?es the injunction as follows. THEREFORE IT IS HEREBY ORDERED, ADJUDGED AND DECREED that COLON IA CHIQUES, an unincorporated association, and ITS ACTIVE MEMBERS, AS WELL AS ALL PERSONS WHO PARTICIPATE WITH OR ACT IN CONCERT WITH THE COLONIA CHIQUES IN MORE THAN A NOMINAL, PASSIVE, INACTIVE OR PURELY TECHNICAL WAY, as defined by applicable law, are enjoined and restrained from engaging in any of the following activity in the area set forth in the Attachment to Permanent Injunction, which Attachment is incorporated herein by reference: a. No Witness Intimidation: Confronting, intimidating, annoying, harassing, threatening, challenging, provoking, assaulting or battering any person known to be a witness to or victim of crime, or any person known to have complained about the gang activities of COLONIA b. No Associating With Other Known COLONIA CHIQUES Members: Standing, sitting, walking, driving, gathering or appearing, anywhere in public view or anyplace accessible to the public, with any known member of COLONIA CHIQUES EXCEPT: (1) when all members are inside a school attending a class or on school business; (2) when all members are inside a church; and/or (3) actively engaged in some business, trade, profession or occupation which requires such presence, provided the prohibition against associating shall apply ,to all forms of travel (except in school buses) to or from any of the locations described in above; c. No Guns, Imitation Firearms or Dangerous Weapons: Anywhere in public view or anyplace accessible to the public; (1) possessing any gun, ammunition, imitation ?rearm, including, but not limited to replica guns, toy guns, water guns, replica non guns or other imitation ?rearm [as de?ned in Penal Code Section -2- SECOND AMENDED IUDGMENT FOR PERMANENT INJUNCTION 12550 and 15 USC 5001 or dangerous weapon, including but not limited to knives (steak knives, pocket knives or any other knives, clubs, concealed or loaded ?rearms, BB guns, or any instrument that expels a projectile such as a BB or a pellet, through the force of air pressure, C02 pressure, or spring action, or any spot marker gun, baseball bats (unless participating in a baseball or softball game sanctioned by a governmental, religious or non?pro?t entity), glass bottles, replica ?rearms (plastic, toy or otherwise), or any other instrument that is prohibited in Penal Code Section 12020, (2) knowingly remaining in the presence of someone who is in possession of such gun, ammunition or weapons, or (3) knowingly remaining in the presence of such gun, ammunition or weapons; N0 Engaging in Fighting:, Fighting anywhere in public view or anyplace accessible to the public, including public streets, alleys, and/or public and private property; No Using Gang Gestures: Using words, phrases. physical gestures, or symbols commonly known as hand signs which describe or refer to the gang known as COLONIA such as: placing the thumb and any other finger together to form a ?3,?or and or any other gang hand sign or gang gesture; No Wearing Gang Clothing: Wearing clothing that bears the name or letters that spell out the name of the gang known as COLONIA CHIQUES and/or represents the gang, such as but not limited to: Dallas Cowboy clothing, Colts clothing, and any variations or combinations of Boys,? ?Chiques,? California Cowboys, ?Colonia,? ?La Colonia,? ?East,? ?Side,? ?Eastside,? ?Evil Side? or any ?ve?pointed star, N0 Illegal Drugs or Controlled Substances: Without a prescription, (1) selling, possessing or using any controlled substance including but not limited to marijuana, hash, cocaine, heroin, methamphetamine or any other controlled substance (as de?ned by the Health Safety Code) without a prescription, and -3- SECOND AMENDED IUDGMENT FOR PERMANENT INIUNCTION pipes or bongs (and any other paraphernalia as de?ned in Health Safety Code Section 11364 and Business and Professions Code Section 4060) used for illegal drug use; (2) knowingly remaining in the presence of anyone selling, possessing or using any controlled substance (as de?ned by the Health Safety Code) or such related paraphernalia; No Public Consumption of Alcohol: Anywhere in public view or anyplace accessible to the public, (1) possessing an open container of an alcoholic beverage; or (2) knowingly remaining in the presence of anyone possessing an open container of an alcoholic beverage; or (3) knowingly remaining in the presence of an open container of an alcoholic beverage; No Graf?ti: Spray painting or otherwise applying graf?ti on any public or private property, including but not limited to: the street, alley, residences, block walls, vehicles, and/or any other real or personal property open to public or private view; No Possession of Graffiti Tools: Unless going to or from an art class given by a public or private school during the day time hours, using or possessing any graf?ti tool, object or paraphernalia, including but not limited to: solidi?ed paint markers, permanent markers, etching tools, aerosol paint, whiteout pens, acrylic paint tubes, various paint can tips, razor blades, or other graf?ti tool; No respassing: Being present on any real property not open to the general public which is not owned or legally possessed by parent or guardian, except with the prior written consent of the owner, owner?s agent, or the person in lawful possession of the property; or (2) in the pre?s?en?ce?or and with the voluntary? consent of the owner, owner?s agent, or the person in lawful possession of the property; No Violation of Curfew: Loitering or remaining upon public property, a public place, on the premises of any establishment, or on a vacant lot, between the hours of 10:00 pm. on any day and 6:00 am. the following day. A public place is defined as any place to which the public has access, including but not limited to -4- SECOND AMENDED JUDGMENT FOR PERMANENT INJUNCTION sidewalks, alleys, streets, highways, parks, the common areas of schools, hospitals, of?ce buildings, and transport facilities. Establishment is de?ned as a restaurant, bar, shop, or other privately?owned place of business operated for pro?t to which the public is invited. This provision shall not apply to the following, including going directly to and from such activity: (1) a meeting or scheduled entertainment activity at a theater, school, church or other religious institution, or sponsored by a religious institution, local education authority or governmental agency; (2) actively engaging in a business, trade, profession or employment which requires such presence; (3) in a legitimate emergency situation, de?ned as a ?re, natural disaster, vehicle accident, or other unforeseen combination of circumstances or the resulting state that calls for immediate action to prevent serious bodily injury or loss of life; or (4) in the side yard or back yard of their own residence; m. No Acting as a Lookout: Acting as a lookout, whistling, yelling or otherwise signaling another person to warn of the approach or presence of a law enforcement of?cer; and n. No Violation of Laws: Failing to obey all laws (1) which prohibit violence and threatened violence including murder, rape, robbery by force or fear, assault and battery; (2) which prohibit interference with the property rights of others including trespass, theft, vandalism and driving without the owner?s consent; and (3) which prohibit the commission of acts which create a public nuisance, including the illegal shale- and/"of purchase of controlled substances (?as ?de?ned"by the Health Safety Code) and blocking the sidewalk. PROVISION Any individual Colonia Chiques active gang member, as well as all persons who participate with or acts in concert with the Colonia Chiques in more than a nominal, passive, inactive or purely technical way, who has been served with the injunction (collectively referred to hereinafter as ?defendant?), may move this Court under this provision or a subsequently -5- SECOND AMENDED IUDGMENT FOR PERMANENT INJUNCTION approved alternative opt?out provision under the court?s reserved jurisdiction to be dismissed from this action. This judgment or any judgment entered in this action shall not be enforceable against a defendant who is dismissed under this opt-out provision. The terms of the current opt- out provision are as follows: 1. Requirements: Plaintiff agrees not to object to a defendant?s motion to be dismissed under this provision, so long as the dismissal is to be without prejudice and with each side to bear its own costs and fees, and so long as the motion satis?es the following requirements: a. Proper Notice: A motion under this provision shall be made on proper notice properly served on plaintiff?s counsel, and shall not be made on shortened time; b. Public Renunciation: Defendant must declare that he/she is a reformed, former Colonia Chiques gang member, and that he/she is not active with the Colonia Chiques gang and that he/she has renounced gang life. Renunciation of the street gang Colonia Chiques is an essential part of this provision. c. Proof of Renunciation: i Defendant must declare that he/she has not been arrested for the past ?ve years, not including any time spent incarcerated, which must be true; ii. Defendant must declare that he/she has not been documented by law enforcement for the past five years {shave been in the company or association of any other known active Colonia Chiques gang member, other than an immediate family member, which must be true; Defendant must declare that he/she has not obtained any new Colonia Chiques/gang-related tattoos for the past ?ve years, which must be true; and -6- SECOND AMENDED JUDGMENT FOR PERMANENT INIUNCT ION iv. Defendant must declare that he/she is gainfully employed and has so been employed consistently for a period of one year, which must be true. 2. N0 Third-Party Beneficiaries: It shall not be a defense to any civil or criminal contempt charge or civil or criminal charge of any nature whatsoever that defendant was eligible to apply for dismissal under this provision. 3. No Effect in Other Proceedings: Plaintiff shall not be bound by the criteria of this special provision (a public sworn renunciation and ?ve arrest-free years), in any action, civil or criminal, other than a motion brought under this provision in this action. Moreover, a dismissal under this provision shall be without prejudice and shall not operate as a retraxit in any other action. 4. Judgment Not Admissible: This judgment shall not be admissible in any civil or criminal action, and cannot be used against defendant for any purpose whatsoever, other than in a civil or criminal contempt proceeding brought for violation of this judgment. 5. Dismissed Gang Member Committing New Violation: If a gang member who has successfully been dismissed from this Judgment pursuant to the provisions set forth above, violates the above provisions, by associating with known active gang members or by getting new gang tattoos or by getting arrested for any crime that is determined to be a gang-related crime, then such defendant may be re?served with the this Injunction Order and will be required to comply with all of its terms. RETENTION OF JURISDICTION Under its equitable powers, the Court retains jurisdiction to amend'thi's judgmentby adding an alternate ?opt-out? provision consistent with the basic elements for such an alternate ?opt?out? provision set forth in the court?s statement of decision. The court also retains jurisdiction to periodically review and modify other terms of this judgment, speci?cally including but not limited to, the size and scope of the area covered in this injunction. -7- SECOND AMENDED IUDGMENT FOR PERMANENT INJUNCTION Any amendments to this judgment under the court?s retention of jurisdiction, will be made only after the court ?rst conducts a noticed hearing(s) on such amendments. DATED: ?02 84% OR OF THE SUPERI -3- SECOND AMENDED JUDGMENT FOR PERMANENT INJUNCTION ATTACHMENT TO PERMANENT INJUNCT ION Beginning at the intersection of the southerly line of Hueneme Road and the westerly line of Street; thence along said westerly line; 1St - northerly to the southerly line of Channel ?d - westerly to the westerly line of Islands Boulevard; thence along said southerly line, 2 Ventura Road; thence along said westerly line; 3rd northerly to the southerly line of Wooley Road; thence along said southerly line; 4th Westerly to the westerly line of Saratoga Street; thence along said westerly line; 5th - northerly to the southerly line of Seventh Street; thence along said southerly line; 6th - Westerly to the westerly line of Transom Way; thence along said westerly line and its northerly prolongation; 7th - northerly to the northerly line of Fifth Street; thence along said northerly line; 8th - easterly to the westerly line of said Ventura Road; thence along said westerly line; 9th northerly to the northerly line of Azalea Street; thence along said northerly line; 10th - easterly to the easterly line of Lantana Street; thence along said easterly line; 11?h - southerly to the northerly line of Gonzales Road; thence along said northerly line; 12th - easterly to the easterly line of Oxnard Boulevard (State Highway thence along said easterly line; 13?1 southerly to the northerly line of Camino Del Sol; thence along said northerly line; 1-4th - easterly to the westerly line of Rose Avenue; thence along said westerly line; 15th - northerly to the southerly line of said Gonzales Road; thence along said southerly line; 16th - easterly to the westerly line of Almanor Street; thence along said westerly line; 17th northerly to the southwesterly prolongation of the northerly line of Lot 250, Tract 1350-4 as shown on the map recorded in the Of?ce of the County Recorder of said County, in Book 33, Page 28, Miscellaneous Records; thence along said prolongation, northerly line and the northeasterly prolongation thereof; 18"" - northeasterly to the lineo?fthe?St'ateof California 101 Freeway; thence along said southerly line; 19?1 - easterly to the easterly line of said Rose Avenue; thence along said easterly line; 20th - southerly to the northerly line of said Gonzales Road; thence along said northerly line; 21St - easterly to the easterly line of Williams Drive; thence along said easterly line; 22nd southerly to the southerly line of Socorro Way; thence along said southerly line; 23rd - westerly to the easterly line of said Rose Avenue; thence along said easterly line; 2-4lh - southerly to the northerly line of said Camino Del Sol; thence -9- SECOND AMENDED JUDGMENT FOR PERMANENT TNIUNCTION along said northerly line; 25th - easterly to the easterly line of Kohala Street; thence along said easterly line; 26th southerly to the southerly line of Santa Lucia Avenue; thence along said southerly line; 27th - Westerly to the easterly line of Driskill Street, thence along said easterly line; 28th southerly to the southerly line of La Puerta Avenue; thence along said southerly line; 29th westerly to the westerly line of said Rose Avenue, thence along said westerly line; 30th - northerly to the southerly line of Third Street; thence along said southerly line; 31St - westerly to the easterly line of said Oxnard Boulevard (State Highway thence along said easterly line; 32??1 - southerly to the northerly line of Fourth Street; thence along said northerly line; 33rd - easterly to the easterly line of Meta Street; thence along said easterly line; 34th southerly to the southerly line of Seventh Street;- thence along said southerly line; 35th - westerly to the easterly line of said Oxnard Boulevard (State Highway thence along said easterly line; 36th - Southerly to the northerly line of Drif?ll Boulevard; thence along said northerly line; 37th - easterly to the easterly line of Donlon Avenue; thence along said easterly line; 38?h - southerly to the northerly line of said Wooley Road; thence along said northerly line; 39th easterly to the easterly line of Commercial Avenue; thence along said easterly line; 40th - Southerly to the northerly line of Pine Street; thence along said northerly line; 415? - southeasterly to the easterly line of Date Street; thence along said easterly line; 42nd - southwesterly to the northerly line of said Oxnard Boulevard (State Highway thence along said northerly line; 43rd - southeasterly to the westerly line of said Rose Avenue; thence along said westerly line; 44th northerly to the northerly line of Emerson Avenue; thence along said northerly line; 45th - easterly to the northerly prolongation of the easterly line of Tract 1340-2 as shown on the map recorded in the Of?ce of the of?s?aid 4'5, Miscellaneous Records; thence along said prolongation and easterly line; 46111 southerly to the southerly line of said Oxnard Boulevard (State Highway thence along said southerly line; 47th - northwesterly to the southerly line of Channel Islands Boulevard; thence along said southerly line; 48lh - westerly to the easterly line of said Rose Avenue; thence along said easterly line; 49?h - southerly to the southerly line of Gary Drive; thence along said southerly line; 50?h - westerly to the westerly line of Albany Drive; thence along said westerly line; 51St - northerly to -10- SECOND AMENDED IUDGMENT FOR PERMANENT INJUNCTION 21the southerly line of Channel Islands Boulevard; thence along southerly line; 52nd - westerly to the easterly line of Cloyne Street; thence along said easterly line; 53rd - southerly to the southerly line of Yucca Street; thence along said southerly line; 54th - westerly to the easterly line of Saviers Road; thence along said easterly line; 55?h - southerly to the southerly line of said Hueneme Road; thence along said southerly line; 56th - westerly to the point of beginning. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the intersection of the southerly line of Ocotlan Way and the westerly line of Evita Place; thence along said northerly line, 1St northerly to the southerly line of Martin Luther King, Jr. Drive; thence along said southerly line; 2"d - westerly to the westerly line of Entrada Drive; thence along said westerly line; 3rd northerly, easterly and northerly to the northerly line of said Gonzales Road; thence along said northerly line; 4th - easterly to its intersection with the northerly prolongation of the easterly line of Limonero Place; thence along said prolongation and easterly line; 5th southerly to the southerly line of Cesar Chavez Drive; thence along said southerly line; 6th westerly to the easterly line of Juanita Avenue; thence, 7th westerly to the southeasterly corner of Lot of Tract 5198-1 as shown on the map recorded in the Of?ce of the County Recorder of said County, in Book 141. Page 84, Miscellaneous Records; thence along the southerly line of said Lot 8th - westerly to the easterly line of Ivar Place; thence along said easterly line; 9th southerly to the easterly prolongation of the southerly line said Ocotlan Way; thence along said prolongation and southerly line; lOth - westerly to the point of beginning. -11- SECOND AMENDED JUDGMENT FOR PERMANENT