Quimbee logo
DMCA.com Protection Status
From our private database of 15,700+ case briefs...

People v. Lim

Supreme Court of California
18 Cal. 2d 872 (1941)


The district attorney of the county of Monterey (Monterey) (plaintiff) sought an injunction on behalf of the State of California to restrain Eddie Lim and others (defendants) from continuing the operation of a gambling operation within Monterey. The complaint alleged that the gambling operation constituted a public nuisance because it encouraged idle and dissolute habits, disturbed the public peace, and corrupted the public morals. The complaint further alleged that prosecuting the gambling operation under criminal law had proven ineffective and that an equitable remedy was therefore necessary. Monterey sought a preliminary injunction pending trial. The defendants interposed general and specific demurrers, arguing that the allegations of the complaint were insufficient because no facts were alleged from which a court could conclude that a nuisance existed under California statute. The trial court sustained both the general and specific demurrers. Monterey appealed, arguing that the complaint sufficiently alleged facts from which a court could conclude a common-law nuisance existed, and that common law should be given effect where not inconsistent with constitutional or statutory law. The defendants countered that the statutory authority of the district attorney to bring an action in equity for public nuisance only extended to statutory nuisances.

Rule of Law


Holding and Reasoning (Gibson, 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 97,000 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 333,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,700 briefs, keyed to 213 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.