HomeMy WebLinkAboutAGENDA REPORT 1994 0601 CC REG ITEM 08YJOAN R. GALLO
City Attorney
CITY OF SAN JOSE, CALIFORNIA
OFFICE OF THE CITY ATTORNEY
151 WEST MISSION STREET
SAN JOSE, CALIFORNIA 95110
(408) 277 -4454
TO ALL CALIFORNIA CITY ATTORNEYS:
May 9, 1 x494
r r
ITEM
Re: People of the State of California ex rel San Jose City Attorney's Office v Acuna et al
The purpose of this letter is to request that you join in the amicus brief which is being authored by
the Los Angeles City Attorney's Office in support of the City of San Jose. The City of San Jose is the
respondent in an appeal to the Sixth Appellate Division taken by defendants in the above - referenced
gang abatement action brought by the San Jose City Attorne,l's Office.
The status of the case is that the City of Sari Jose was granted a preliminary injunction enjoining
specified activities by named members of criminal street gangs in a four (4) block residential
neighborhood in San Jose. Eleven (11) of the thirty -eight (38) named defendants are appealing the
Superior Court's granting of the preliminary injunction. This action is very similar to gang abatement
actions brought by several Southern California cities. It is anticipated that San Jose's action will be the
first such action to receive appellate review.
In this case, San Jose sought to enjoin gang activity under general nuisance law. We also
demonstrated that the named defendants were each members of a "criminal street gang" that has
engaged in a "pattern of criminal street gang activity," as these terms are defined by the Street Terrorism
Enforcement and Protection Act. It was shown that the criminal street gangs in question were creating a
nuisance for the residents of a small San Jose neighborhood known as "Rocksprings." On this basis, a
preliminary injunction was issued by the Santa Clara County Superior Court, enjoining gang members
from congregating together, committing criminal activities, intimidating "Rocksprings" residents and
creating a nuisance in that neighborhood.
The outcome of this case is of statewide interest because it will determine the ability of cities to
abate criminal street gang activities in their communities Because several Southern California
communities have been active in bringing injunctive relief actions against criminal street gangs, both the
Los Angeles City Attorney's Office and the Los Angeles District Attorney's Office are filing amicus briefs
in this case.
We would be very grateful for your participation. Enclosed is an "Authorization To Join Amicus
Brief' which we would request that you complete and return to us at you earliest convenience, at the
address provided. Thank you in advance for your anticipated support.
199
Enclosure
Very truly yours,
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50- J ity AN ttR. GAL
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RECMVED
MAY 16 1994
City of Moorpark