Kothari
People ex rel. Gwinn v. Kothari
Opinion
Lead Opinion
Haller, J.
*762 Opinion
After the City of San Diego (City) filed a public nuisance abatement action against La Cresta Motel owners Shirish Kothari, Mrudula Kothari, Deval Patel and Mahendra Patel (collectively, Owners), the parties stipulated to the terms of a permanent injunction against Owners. The sole issue at trial was whether the injunction would be binding on all future owners of the property. The trial court ruled the terms of the stipulated injunction are binding on all future owners, including bona fide purchasers, except for those terms exempted by the parties by stipulation.
Owners appeal. We reverse.
Factual and Procedural Background
On September 25, 1998, City filed a complaint against Owners under the Red Light Abatement Law (Pen. Code, §§ 11225-11235), the drug abatement act (Health & Saf. Code, §§ 11570-11587) and the unfair competition law (Bus. & Prof. Code, §§ 17200-17209), claiming the motel was a public nuisance and seeking, among other things, injunctive relief to stop prostitution, drug sales and unfair and unlawful business activities on the premises.
On October 13, 1998, the court granted a temporary restraining order that:
*763 On November 13, 1998, the court…