Owens

City of Signal Hill v. Owens

Good Law
154 Cal. App. 3d 118·1984 Cal. App. LEXIS 1868·200 Cal. Rptr. 925
Court of Appeal of CaliforniaApril 4, 1984Civ. 68156California870 words

Opinion

Opinion

Roth, J.

Appellant Owens appeals from an order granting the City of Signal Hill (City) a preliminary injunction against the Circle Massage. We affirm.

The Circle Massage has been a massage parlor in Signal Hill since 1970. In April 1979 Owens began operating the Circle Massage. On July 7, 1981, the City enacted Municipal Code chapters 5.16 and 5.17, which regulate massage establishments and massage technicians respectively. On February 23, 1982, the City filed a complaint against Owens. The City sought to enjoin the operation of the Circle Massage as a public nuisance under both the Red Light Abatement Act, Penal Code section 11225 et seq., and Civil Code section 3479 et seq.; and to enjoin violation of Municipal Code chapters 5.16 and 5.17. The court granted the preliminary injunction on July 23, 1982. Owens appeals to this court.

Owens’ first contention is that the Red Light Abatement Act is an unconstitutional violation of due process. Penal Code section 11225 states in part: “Every building or place used for the purpose of illegal gambling as defined by state law or local ordinance, lewdness, assignation or prostitution, and every building or place in or upon which acts of…

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