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SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA

8

9
10

THE PEOPLE OF THE STATE OF CALIFORNIA,
ex rel. Gregory D. Totten, as the District Attomey for
the County of Ventura,

11

Plaintiff,
VS.

t4
15

16

Fffil

AMENDED PERMANENT
INJUNCTION

T2

l3

CASE NO. CTV24249I

UES,
SOUTHSIDE
an Unincorporated
and DOES I tbrough 500,
lnclusive,
Defendants.

Date: SoC

. ltLo0?t

Time: g'. 3o
Dept.: ¿l o

¿1.¿1.

Assigned for all purposes to the
Honorable Vincent O'Neill, Jr.

I7
18

l9
20

2l

Plaintiff, the People of the State of California, ex rel. Gregory D. Totten as District

22

Attorney for the County of Venfura, filed a Complaint on July 27,2006, seeking to abate a public

23

nuisance through the use of what is commonly known as a "gang injunction," against defendant

24

Southside Chiques, an unincorporated association alleged to be a criminal street gang,

25

"safety Zone" (as depicted in the description and map included as attachment "4"

26

incorporated herein) within the cities of Oxnard and Port Hueneme, which is generally bounded

27

by West Wooley Road to the North; Rose Avenue to the East; Hueneme Road and Surfside

28

Drive to the South; and Ventura Road to the West; plaintiff subsequently voluntarily dismissed
AMENDED PERMANENT INJUNCTION

r¡¡ r(i[:L)

in

a

and

 I

without prejudice all fictitious "Doe" defendants; default was duly entered against defendanf

2

Southside Chiques; after due consideration

of all

papers filed

in this action, including

the

J

declarations, requests for judicial notice, and other evidence submitted, plaintiff s memorandum

4

of points and authorities including People v. ex rel. Galto v. Acuna (lgg7) 14 Cal.4th 1090, cert.

5

den., 521 U.S. I

6

(1998) 67 Cal. App.4tn 486, this Court found by clear and convincing evidence that service is

7

proper under the circumstances and that

8

defined in Penal Code section 186.22 (Street Terrorism Enforcement and Prevention ("STEP")

9

Act) and is a gang as defined for the purpose of a gang abatement injunction in People

a

l0

l2l;

People v. Englebrecht (2001) 88 Cal.App.4rh 1236;

(l)

Southside Chiques

In re Englebrecht

is a criminal street gang as

v.

Englebrecht, supra, 88 Cal.App.4th at 1258; and (2) the conduct and activities of defendant

11

Southside Chiques and its members constitute a public nuisance in the Safety Zone. Good cause

t2

appearing for entry ofjudgment, this Court on October 23,2006, issued a Permanent Injunction.

l3

On October 15, 2007, the Court of Appeal, Second Appellate District, Division 6, held

t4

that a curfew provision identical to that in the present case was unconstitutionally vague and

l5

invalid. (People ex rel. Totten v. Colonia

t6

denied Jan. 23,2008.) Based upon that opinion, the Court of Appeal, Second Appellate District,

t7

Division 6, held that the curfew provision of the injunction

18

unenforceable. (People v. Southside Chiques (Apr. 14, 2008, 8194659 (unpub. opn.), review

l9

denied July 9, 2008.) The remittitur issued on August 6, 2008.

Chiques (2007) 156 Cal.App.4th 31,46-49, review

in the present case was

In response to the ruling of the Court of Appeal, plaintiff frled a motion to amend

20

the

2t

injunction to modify provision (l), the curfew provision. Good cause appearing, the Court

22

modifies the Permanent Injunction in this matter as follows:

23

IT IS ORDERED, ADJIJDGED AND DECREED

24

l.

thAt:

SOUTHSIDE CHIQUES, an unincorporated association, and its members,

agents,

25

servants, employees, and all persons acting under, in concert with, for the benefit of,

26

at the direction of, or in association with them or any of them, are enjoined and

27

restrained from engaging in any of the following activities in the Safety Zone set forth

28

in attachment

"4"

and incorporated herein:

-2AMENDED PERMANENT INJUNCTION

 I

a.

No Witness Intimidation: Confronting, intimidating, annoying,

harassing,

2

threatening, challenging, provoking, assaulting or battering any person known to

J

be a witness to or victim of crime, or any person known to have complained about

4

the gang activities of SOUTHSIDE CHIQUES;

5

b

No Associating \ryith Other Known SOUTHSIDE CHIQUES Members:
in public

6

Standing, sitting, walking, driving, gathering or appearing, anywhere

7

view or anyplace accessible to the public, with any known member of

8

SOUTHSIDE CHIQUES EXCEPT: (1) when

9

attending a class or on school business; (2) when all individuals are inside

in

all

members inside

a

school
a

l0

church; and/or (3) actively engaged

11

occupation which requires such presence, provided the prohibition against

t2

associating shall apply to forms of travel (except in school buses) to or from any

l3

of the locations described in (l)-(3) above;

t4

c.

some business, trade, profession or

No Guns, Imitation Firearms or Dangerous Weapons: Anywhere in public

(l)

l5

view or anyplace accessible to the public;

l6

imitation frrearm, including, but not limited to replica guns, toy guns, water guns,

t7

replica non guns or other imitation frrearm

18

12550 and 15 USC 5001(c) or dangerous weapon, including but not limited to

l9

knives (steak knives, pocket knives or any other knives, clubs, concealed or

20

loaded frrearms, BB guns, or any instrument that expels a projectile such as a BB

2l

or a pellet, through the force of air pressure, CO2 pressure, or spring action, or

22

any spot marker gun, baseball bats (unless participating in a baseball or softball

23

game sanctioned by a governmental, religious or non-profit entity), glass bottles;

24

replica firearms (plastic, toy or otherwise) or any other instrument prohibited in

25

Penal Code section 12020, (2) knowingly remaining in the presence of anyone

26

who is in possession of such gun, ammunition or weapons, or (3) knowingly

27

remaining in the presence of such gun, ammunition or weapons;

-

possessing any gun, ammunition,

as defined

28

-3AM ENDED PERMANENT INJUNCTION

in Penal Code section

 1

d.

No Engagíng in Fighting: Fighting anywhere in public view or

2

accessible to the public, including public streets, alleys, and/or

a

property;

J

4

e

anyplace

public and private

No Using Gang Gestures: Using words, phrases, physical gestures, or symbols

5

commonly known as hand signs which describe or refer to the gang known

6

SOUTHSIDE CHIQUES; such

7

together to form a

8

"X," "X3," or any other

9

f.

t'S"

No Wearing Gang

(602' 3'IJ'tt

as

as:

"T)'

placing the thumb and any other finger
('H" '6stt (úItt "D" "Er" ttSSrtt "CHr" ('S" r(Ott

gang hand sign or gang gesture;

Attire:

Wearing clothing or attire including jewelry that

or letters that spell out the name of the gang known as

10

bears the name

l1

SOUTHSIDE CHIQUES and/or represents the gang, such as but not limited to:

t2

White SOX clothing, San Diego Chargers clothing, Raiders clothing, Southpole

13

clothing; "South Side" clothing, and any variations or combinations of "SOX,"

t4

"SSr" "SickSider" "South," "SSXCHT" "13," "55," "SSCH," "South Oxnard" or

15

any other gang attire.

t6

o
Þ'

No lltegal Drugs or Controlled Substances: Without a prescription,

or using any controlled

(l)

selling,

but not limited to

tl

possessing

l8

marijuana, hash, cocaine, heroin, methamphetamine

l9

substance (as defined by the Health

20

pipes or bongs (and any other paraphemalia as defined in Health

2t

section 11364 and Business and Professions Code section 4060) used for illegal

22

drug use, (2) knowingly remaining in the presence of anyone selling, possessing

23

or using any conholled substance (as defined by the Health

24

such related paraphernalia;

25

h.

substance, including

&

or any other controlled

Safety Code) without a prescription, and

&

&

Safety Code

Safety Code) or

No Public Consumption of Alcohol: An)ryvhere in public view or

to the public, (l)

possessing an open container

26

accessible

27

beverage, or (2) knowingly remaining

anyplace

of an alcoholic

in the presence of anyone possessing

28

-4AMENDED PERMANENT INJUNCTION

an

 t.-

of an alcoholic

or (3) knowingly remaining in

1

open container

2

presence ofan open container

J

No Graffiti: Spray painting or otherwíse applying g¡affiti on any public or

4

private property, including but not limited to: the street, alley, residences, block

5

walls, vehicles, and/or any other real or personal property open to public or

6

private view;

1

J

beverage,

the

ofan alcoholic beverage;

No Possession Of Graffiti Tools: Unless going to or from an art class given by a

8

public or private school during the day time hours, using or possessing any tool,

9

object or paraphernalia, including but not limited

to: solidified paint markers,

10

permanent markers, etching tools, aerosol paint, whiteout pens, acrylic paint

1l

tubes, various paint can tips, razor blades, or other graffiti tool;

t2

k.

No Trespassing: Being present on any property not open to'the general public,

l3

which is not owned or legally possessed by parent or guardian, except with (1) the

t4

prior wriuen consent of the owner, owner's agent, or the person in lawful

15

possession of the property or (2) in the presence of and

t6

of the owner, o\ryner's agent, or the person in lawful possession of the properfy;

11

l.

with the voluntary consent

No Violation of Curfew: Loitering or remaining upon public property, a public

l8

place, on the premises of any establishment, or on a vacant lot, between the hours

l9

of

20

defrned as any place to which the public has access, including but not limited to

2t

sidewalks, alleys, streets, highways, parks, the common areas

22

hospitals, office buildings, and transport facilities. Establishment is defined as a

23

restaurant, bar, nightclub, shop,

24

operated for profrt to which the public is invited. This provision shall not apply to

25

the following, including going directly to and from such activity:

26

scheduled entertainment activity at a theater, school, church or other religious

27

institution, or sponsored by a religious institution, local education authority or

28

governmental agency; (2) actively engaging in a business, trade, profession or

10:00 p.m. on any day and 6:00 a.m. the following

day. A public place is

of

or other privately-owned place of

-5AMENDED PERMANENT INJUNCTION

schools,

business

(l) a meeting or

 (3) in a legitimate

I

employment which requires such presence;

2

situation, defined as a fire, natural disaster, vehicle accident, or other unforeseen

'

J

emergency

combination of circumstances or the resulting state that calls for immediate action

4

to prevent serious bodily injury or loss of life; or (4) in the side yard or back yard

5

of their own residence;

m.

6

No Acting as a Lookout: Acting as a lookout, whistling, yelling or otherwise

7

signaling another person

8

enforcement officer; and

n.

9

to warn of the approach or presence of a law

No Violation of Laws: Failing to obey all laws

(l)

which prohibit violence and

10

threatened violence including murder, rape, robbery by force or fear, assault and

11

battery, (2) which prohibit interference with the property rights

T2

including trespass, theft, vandalism and driving without the owner's consent, and

l3

which prohibit the commission of acts which create a nuisance including the

T4

illegal sale of controlled substances and blocking the sidewalk.

l5

of

others

OPT-OUT PROVISION. Any individual Southside Chiques active gang member,

2

all persons who participate with or acts in concert with the Southside

l6

as well a

tl

Chiques in more than a nominal, passive, inactive or purely technical way, who has

l8

been served with the injunction (collectively referred to hereinafter as "defendant"),

l9

may move this Court under this provision, so long as the dismissal is to be without

20

prejudice and with each side to bear its own costs and fees, and so long as the motion

2l

satisfies the following requirements:

22

a.

properly served on plaintiff s counsel, and shall not be made on shortened time;

23

24

Proper Notice: A motion înder this provision shall be made on proper notice

b.

Public Renunciation: Defendant must declare that he/she is a reformed, former

25

Southside Chiques gang member, and that he/she is not active with the Southside

26

Chiques gang and that he/she has renounced gang

27

gang Southside Chiques is an essential part of this provision.

life. Renunciation of the street

28

-6AMENDED PERMANENT INJUNCTION

 1

c

Proof of Renunciation:

i.

2

Defendant must declare that he/she has not been arrested for the past five
years, not incfuding any time spent incarcerated, which must be true;

J

ii,

4

for the past frve years to have been in the company or

5

enforcement

6

association

7

other than an immediate family member, which must be true;

iii.

8

of any other known active Southside Chiques gang.member,

Defendant must declare that he/she has not obtained any new Southside
Chiques ganglgang-related tattoos for the past five years, which must be

9

true; and

10

iv.

1l

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.

l2
l3

d.

No Third-Party Beneficiaries: It shall not be a defense to

or civil or criminal

of any

emy

l4

contempt charge

15

defendant was eligible to apply for dismissal under this provision.

t6

by law

Defendant must declare that he/she has not been documented

e.

charge

civil or criminal

nature whatsoever that

No Effect in Other Proceedings: Plaintiff shall not be bound by the criteria of

t7

this special provision (a public sworn renunciation and five arrest-free years), in

l8

any action, civil or criminal, other than a motion brought under this provision in

l9

this action. Moreover, a dismissal under this provision shall be without prejudice

20

and shall not operate as a retraxit in any othe¡ action.

2l

f.

Judgment Not Admissible: This Judgment shall not be admissible in any civil or

22

criminal action, and cannot be used against defendant for any

23

whatsoever, other than

24

violation of this Judgment.

25

t

Þ

purpose

in a civil or criminal contempt proceeding brought for

Dismlssed Gang Member Committing New Violation:

If

a gang member who

26

has successfully been dismissed from this Judgment pursuant to the provisions set

27

forth above, violates the above provisions, by associating with known active gang

28

members or by getting new gang tattoos or by getting anested for any crime that
-7AMENDED PERTVIANENT INJIJNCTION

 I

is determined'to be a gang-related crime, then such defendant may be re-served

2

with this Injunction Order and will be required to comply with all of its terms.

3

4

DATED:

-,/t./72"6
.
4

2%./+

JUDGE OF THE SUPERIOR COURT

5

6
7
8

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13

14
15

l6
t7
18

l9
20

2l
22
23

24
25

26
27
28

-8AMENDED PERMANENT INJUNCTION

 ATTACHMENT

1

T6A''

SAFETY ZONE & MAP

2
J

Beginning at the intersection of the westerly line of Ventura Road and the northerly line

4

- easterly to the easterly line of Oxnard

5

of Wooley Road; thence along said northerly line; lst

6

Boulevard; thence along said easterly line; znd

7

Islands Boulevard; thence along said northerly line; 3rd

I

-

southerly to the northerly line

-

of Channel

easterly to the easterly line of Rose

l5

- southerly to the southerly line of Pleasant Vttley
Road; thence along said southerly line; 5th - southwesterly and westerly along said southerly
line to the easterly line of Cypress Road; thence along said easterly line; 6th - southerly and
easterly to the easterly line of Arcturus Avenue; thence along said easterly line; 7th - southerly
to the southerly line of Hueneme Road; thence along said southerly line; 8th - westerly to the
easterly line of Surfside Drive; thence along said easterly line; 9th - southerly and westerly to
the westerly line of Ventura Road; thence along said westerly line; 10th - northerly to the
southerly line of Hueneme Road; thence along said southerly line; I lth - westerly to the

l6

southerly prolongation of the westerly line of Ponoma Street; thence along said westerly line;

t7

l2th

- northerly to the northerly

l8

l3th

-

l9

northerly to the westerly prolongation of the northerly line of Park Avenue; thence along said

20

northerly line; l5th

2l

thence along said northerly line; l6th

22

said westerly line; lTth

23

southerly line; l Sth

24

line; l9th

9

l0
11

t2
l3
t4

Avenue; thence along said easterly line; 4th

line of Pleasant Valley Road; thence along said northerly line;

easterly to the westerly line of Ventura Road; thence along said westerly line; l4th

-

-

-

-

easterly, northeasterly and northerly to the northerly line of Bard Road;

- northerly

-

easterly to the westerly line of

J Street;

thence along

to the southerly line of Teakwood Street; thence along said

westerly to the westerly line of Ventura Road; thence along said westerly

northerly to the point of beginning. A map of the Safety Zone is attached hereto.

25

26
27
28

-9AMENDED PERMANENT INJUNCTION

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