Iraheta

Iraheta v. Superior Court

Good Law
1999 Cal. App. LEXIS 298·70 Cal. App. 4th 1500·83 Cal. Rptr. 2d 471·99 Daily Journal DAR 3107·99 Cal. Daily Op. Serv. 2397
Court of Appeal of CaliforniaMarch 31, 1999B126581California5,832 words

Opinion

Opinion

Boren, J.

J.Petitioners, Vladmir Iraheta and Pedro Monico, alleged street gang members, claim a constitutional right to the appointment of legal counsel, at public expense, in a civil action for injunctive relief to abate a public nuisance. We hold that due process does not require such an appointment.

I. Factual and Procedural History

The People filed a civil lawsuit seeking an injunction to abate a public nuisance, naming as defendants the 18th Street Gang, 92 individuals and 200 “Does.” The complaint, which sought a preliminary and permanent injunction, alleged that petitioners and the other defendants, as members of the 18th Street Gang, were actively contributing to the nuisance in two target areas. It was alleged that the defendants have “waged a gang war, including engaging in drug dealing, shootings, robberies, drinking and urinating in public, threatening residents, vandalizing and defacing with graffiti public and private property, trespassing on property, and other injurious activities against the residents who live and work within [the two target areas].” The People requested the issuance of an injunction barring the defendants from engaging in these…

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