Schlimbach
People v. Schlimbach
Opinion
Lead Opinion
Croskey, J.
Defendant and appellant Gladys Martin Schlimbach operates Le Blanc Café, a restaurant and bar. Between August 2007 and July 2008, Schlimbach’s employees were arrested seven times for selling alcohol to obviously intoxicated patrons, a misdemeanor. As a result of these arrests, on September 10, 2008, the Los Angeles City Attorney, acting on behalf of the People of the State of California, brought this action against Schlimbach 1 to declare her premises a public nuisance under the Unlawful Liquor Sale *1135 Abatement Law (Pen. Code, §§ 11200-11207) and for unlawful business practices (Bus. & Prof. Code, § 17200). On cross-motions for summary judgment, the trial court concluded that no triable issues of fact existed and that (1) the bar constituted a nuisance; and (2) unlawful business practices were permitted at the bar. A permanent injunction followed, imposing limits on Schlimbach’s conduct of her business in order to avoid future sales of alcohol to obviously intoxicated persons. Schlimbach was also ordered to pay civil penalties, attorney fees, investigative fees, and court costs. Schlimbach appeals. We affirm.