Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

People ex rel. Gallo v. Acuna

Supreme Court of California
929 P.2d 596 (1997)


Facts

Members of the Varrio Sureno Town gang (defendants) regularly met, loitered, and caused various scenes in a four-block area of the City of San Jose (plaintiff) known as Rocksprings. The defendants continually obstructed Rocksprings residents’ enjoyment of their properties in many ways, including by dealing drugs, drinking in public, urinating in public, threatening the residents, shooting guns, fighting, using vulgarity, speaking loudly, playing loud music at all hours of the night, and using residents’ homes as escape routes and for hiding drugs. Overall, the gang’s presence in the area resulted in a “carnival-like atmosphere of collective mayhem” over an extended period of time. The City of San Jose brought suit against the 38 defendants for public nuisance. The trial court issued an injunction enjoining the defendants from several activities, including, “Standing, sitting, walking, driving, gathering or appearing anywhere in public view with any other defendant . . . or with any other known” gang member (paragraph (a)) and “confronting, intimidating, annoying harassing, threatening, challenging, provoking, assaulting and/or battering any residents or patrons, or visitors” of Rocksprings (paragraph (k)). The court of appeal reversed and invalidated these two provisions of the injunction. The California Supreme Court granted the city’s petition for review.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

Concurrence/Dissent (Chin, J.)

Concurrence/Dissent (Kennard, J.)

Dissent (Mosk, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial