People Ex Rel. Gallo v. Acuna

Opinion

BROWN, J.

At the request of the City Attorney of the City of San Jose (hereafter the City), we granted review to resolve an array of challenges to *1100two provisions of a preliminary injunction entered by the superior court against individual members of an alleged “criminal street gang.” The underlying action was instituted under the provisions of sections 731 of the Code of Civil Procedure and 3480 of the Civil Code, the operative core of California’s civil “public nuisance” statutes.

The 48 declarations submitted by the City in support of its plea for injunctive relief paint a graphic…