1J~~ g~~~~ O~RrAL~~R IA - San Bernardino County District Attorney

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MICHAEL A. RAMOS
District Attorney
MARK A. VOS
Lead Deyuty District Attorney
BRENT . SCHULTZE (SBN 230837)
Deputy District Attorney
Ganj; Injunction Unit
303 W. Third St., Fifth Floor
San Bernardino, CA, 92415-0511
tel. (909) 382-7629
fax (909) 382-7677
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SAN BERNARDINO
NOV I 7 2008
By
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Dep y
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IA
CIV'L'oIVlk~8N
Attorneys for the People
(Exempt from Filing Fees, Gov. Code 6103)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
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Case No.: CIVSS808850
THE PEOPLE OF THE STATE OF
(Unlimited
Civil Case)
CALIFORNIA, ex rei. MICHAEL A.
RAMOS, District Attorney of the County
C'-:)w
[;E1t8P08EB]
of San Bernardino,
Plaintiff,
JUDGMENT GRANTING
PERMANENT INJUNCTION;
EXHIBIT A
vs.
SOUTH SIDE RIALTO, a criminal street
Assigned for all purposes to the
gang and Unincorporated Association,
Honorable Christopher J. Warner, Judge
Defendant.
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Plaintiff, the PEOPLE OF THE STATE OF CALIFORNIA ("People"), acting by
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and through Micheal A. Ramos, District Attorney of the County of San Bernardino,
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filed a complaint on July I, 2008, seeking to abate a public nuisance created by
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defendant, SOUTH SIDE RIALTO, a criminal street gang sued as an unincorporated
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association. Plaintiff requested what is commonly known as a civil "gang injunction"
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against defendant. Default was duly entered against defendant SOUTH SIDE RIALTO
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on September 17, 2008.
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The Court has considered all papers filed in this action, including supporting
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declarations, Plaintiff's memorandum of points and authorities, and other evidence.
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The court has considered the statutes and caselaw cited by the People, including People
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ex reI. Gallo v. Acuna (1997) 14 Cal.4th 1090, People ex rel. Totten v. Colonia Chiques (2007)
JUDGMENT GRANTING PERMANENT INJUNCTION
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156 Cal.App.4th 1506, In re Englebrecht (1998) 67 Cal.App.4th 486, and Taylor v. Varga
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(1995) 37 Cal.App.4th 750. The Court has considered the evidence presented, and the
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arguments of Plaintiff.
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THE COURT HEREBY FINDS by clear and convincing evidence that service has
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been properly made on defendant SOUTH SIDE RIALTO; that defendant SOUTH SIDE
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RIALTO is a criminal street gang as defined in Penal Code § 186.22; that defendant
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SOUTH SIDE RIALTO is a gang and jural entity capable of being sued as defined in
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People ex reI. Totten v. Colonia Chiques, supra, 156 Cal.App.4th 31, 38-39; that defendant
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SOUTH SIDE RIALTO is the cause of a public nuisance within the Safety Zone,
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through the actions of its members and others through whom it acts; and that good
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cause appears for entry of judgment and for granting the injunctive relief that the
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People seek.
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IT IS HEREBY ORDERED THAT:
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Defendant, SOUTH SIDE RIALTO, a criminal street gang and unincorporated
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association, its members, associates, agents, servants, and employees, and all persons
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acting under, in concert with, or from any of them, are permanently ENJOINED and
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RESTRAINED from engaging in, committing, or performing, directly or indirectly, any
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and all of the "PROSCRIBED ACTS" listed below within the "Safety Zone", described
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as follows, and visually depicted in Exhibit A, attached:
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600 feet past the area within following: the intersection of Riverside and
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Rialto Avenues, along Rialto Avenue eastward, to Eucalyptus Avenue, south to
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Merrill Avenue, then east again to Pepper Avenue, then south again to Randall
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Avenue, then west to Sycamore Avenue, then south to San Bernardino Avenue, then
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west to Lilac Avenue, then north to Randall Avenue, then east Riverside Avenue,
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then north until reaching the original intersection of Rialto and Riverside Avenues,
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inclusive, primarily in the City of Rialto, with portions in the Cities of San Bernardino
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and Colton.
JUDGMENT GRANTING PERMANENT INJUNCTION
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PROSCRIBED ACTS within the Safety Zone:
a) Selling,
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possessing,
or
using
any
controlled
substance
or
related
paraphernalia, without a prescription;
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b) Remaining in the presence of anyone selling, possessing, or using any
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controlled substance or related paraphernalia without a prescription;
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c) Approaching or signaling to any vehicle on any street, alleyway, or other
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area of public passage, thus causing the vehicle to stop, unless a legitimate
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emergency so requires;
d) Throwing a rock, bottle, brick, or any other item at a vehicle, animal, or
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person;
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e) Blocking the free passage of any person or vehicle on any street, walkway,
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sidewalk, driveway, alleyway, or other area of public passage;
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f) Being present, or causing others to be present, on the private property of
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others (both residential or commercial), except (1) with the prior written consent of
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the person in lawful possession of the property, or (2) in the presence of and with
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the voluntary consent of the person in lawful possession of the property;
g) Being present on the premises of an uninhabited or abandoned house,
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apartment, or building;
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h) If under the age of eighteen, being in a public place between the hours of
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9:00 p.m. to 6:00 a.m., on any Sunday through Thursday, or 10:00 p.m. to 6:00 a.m.,
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on any Friday or Saturday, unless (1) accompanied by a parent or legal guardian, or
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by a spouse who is eighteen years old or older, or (2) performing an errand
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directed by a parent or legal guardian, or by a spouse who is eighteen years old or
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older, or (3) returning directly from a public meeting or place of public
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entertainment (such as movie, play, sporting event, dance, or school activity), or (4)
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actively engaged in some business, trade, profession, or occupation which requires
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such presence;
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/ /
JUDGMENT GRANTING PERMANENT INJUNCTION
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i) If eighteen years old or older, being in a public place between midnight on
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any day and sunrise of the immediately following day, unless (1) going to or from a
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legitimate meeting or entertainment activity, or (2) actively engaged in some
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business, trade, profession, or occupation which requires such presence;
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j) Making, causing, or encouraging others to violate noise restrictions,
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including playing loud music, participating in loud parties, engaging in exhibitions
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of speed in vehicles making loud noise, such as roaring engines and screeching
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tires;
k) Fighting in public or any place open to public view or hearing;
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1) Drinking any alcoholic beverage in public or in any place open to public
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view;
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m) Being drunk in public or under the influence of a controlled substance in
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public;
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n) Driving while under the influence of alcohol or any other controlled
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substance;
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0)
Littering, including discarding cans, bottles, cigarettes, or other waste, other
than into a proper waste receptacle;
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p) Possessing or using any dangerous or deadly weapon in any public place or
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remaining in the presence of anyone who is in possession of a dangerous weapon,
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including but not limited to any firearm, ammunition, knife of any length or type,
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BB gun, metal pipe, baseball bat, hammer, or any illegal weapon defined in the
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Penal Code;
q) Damaging or vandalizing the property of another, including public
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property;
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r) Applying graffiti to any public or private property, including but not limited
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to any building, fence, wall, garage door, street sign, sidewalk, tree, pole, or
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vehicle;
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/ /
JUDGMENT GRANTING PERMANENT INJUNCTION
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s) Possessing any graffiti tool in a public place, including any marking pen,
spray paint, or sharp object capable of scarring glass, metal, conrete, or wood;
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t) Standing, sitting, walking, driving, gathering, or appearing anywhere in
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public view with any other known SOUTH SIDE RIALTO member or associate
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member;
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u) Intimidating, provoking, threatening, confronting, harassing, challenging, or
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carrying out acts of retaliation, including but not limited to, using abusive language
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and hcial slurs to harass any person, including but not limited to, anyone who has
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or will complain about Defendant's activities, or any person referenced in this
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injunction as a witness or supporter;
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v) Discharging any firearms;
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w) Displaying any gang-related tattoos;
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x) Fleeing from the lawful authority of law enforcement;
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y) Displaying gang signs or symbols in public, including but not limited to
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gang attire and ornaments;
z) Accosting any person to demand, explicitly or implicitly, to know their gang
affiliation.
JUDGMENT GRANTING PERMANENT INJUNCTION
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EXHIBIT A
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CITY OF RI LTO
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SOUTHSIDE RIALTO GANG
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"SAFETY ZONE"
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CITY OF
COLTON
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700
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LEGEND:
<x.,()(X,~<
= "SAFETY lONE"
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JUDGMENT GRANTING PERMANENT INJUNCTION
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1400
2800 Feel
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