People ex rel. Reisig v. Broderick Boys

Good Law

149 Cal. App. 4th 1506·2007 Cal. App. LEXIS 630·2007 Daily Journal DAR 5534·59 Cal. Rptr. 3d 64·2007 Cal. Daily Op. Serv. 4397

Court of Appeal of CaliforniaApril 23, 2007No. C051707California7,267 words

Opinion

lead Opinion

Morrison, J.

By default the Yolo County District Attorney obtained a permanent injunction against the Broderick Boys, a street gang. Four men served with the injunction moved to set it aside, alleging the injunction was *1511 void for lack of proper notice. The trial court found they lacked standing to attack the injunction because they did not admit gang membership, and they appealed.

The evidence reveals a level of gang criminality plaguing West Sacramento which might well justify injunctive relief. (See People ex rel. Gallo v. Acuna (1997) 14 Cal.4th 1090 [ 60 Cal.Rptr.2d 277 , 929 P.2d 596 ].)

However, the injunction cannot stand because, under the facts of this case the district attorney failed to show that the Broderick Boys is an unincorporated association for the purpose of service (Corp. Code, §§ 18035, subd. (a), 18220) and, in any event, the district attorney did not take steps “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” (Mullane v. Central Hanover Tr. Co. (1950) 339 U.S. 306, 314 [ 94 L.Ed. 865 , 873, 70 S.Ct. 652 ] (Mullane).) It is not…

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Parties

THE PEOPLE ex rel. JEFF W. REISIG
Plaintiff
THE BRODERICK BOYS KEITH EDWARDS, Movants and
Defendant

Judges

Morrison

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