CHIQUES

People Ex Rel. Totten v. CHIQUES

Good Law
156 Cal. App. 4th 31·67 Cal. Rptr. 3d 70
Court of Appeal of CaliforniaOctober 15, 2007B184772California7,565 words

Opinion

Opinion

Yegan, J.

Gabriel Acosta and Beatriz Orozco appeal from a judgment granting a permanent injunction against Colonia Chiques, a criminal street gang, its active members, and all persons in active concert or participation with the gang. The injunction applies only to a defined area of the City of Oxnard designated as the “Safety Zone.” Colonia Chiques is the only party named in the complaint and the injunction.

Appellants contend that (1) Colonia Chiques is not a jural entity capable of being sued; (2) the judgment cannot operate against nonparties to the action; (3) the enjoined nonparties are indispensable parties required to be joined as defendants; (4) the injunction improperly prohibits specified conduct of nonparties irrespective of whether that conduct is undertaken with or for Colonia Chiques; (5) the trial court’s expressed purpose for issuing the injunction is improper and invalidates the injunction; (6) the associational rights of enjoined persons are impermissibly burdened by a provision prohibiting them from knowingly associating with Colonia Chiques members; (7) a curfew provision is unconstitutional because it is vague, overbroad, and impermissibly burdens the right to…

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