People v. Mitchell

This appeal, while broadly framed, primarily presents the narrow issue of the power of a trial court acting on a petition filed under the Red Light Abatement Law to grant relief by preliminary injunction, effectively closing the property claimed to be a nuisance. Concluding that the relief is appropriate only in a judgment on the merits and not by provisional remedy, we reverse the order granting a preliminary injunction.

Four Star Theatre is a theatre and related property located on Wilshire Boulevard in Los Angeles. The property is leased by its owners to United Artists Theatres of California, Inc., and subleased by United Artists to James and Artie Mitchell and corporations controlled by them. The sublease calls for rent of $48,000 per year, runs to August 30, 1977, is for the purpose of conducting a theatre, covers furniture, fixtures and equipment, and vests the right of possession in the sublessee.

The Mitchell group operates the theatre, catering to devotees of “X-rated” films. During the calendar year 1974, officers of the Los Angeles Police Department observed over 30 acts of public masturbation by patrons of the theatre. Employees of the Mitchell group were…