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DENNIS J. HERRERA, Sinle Bor#139669 City Attorney

:1 ALEX G. TSE. Slalcilar#152348 Chief Attorney, Neighborhood and Resident Safety Team

. ENDORSED FILED.

San Francisco County supeTior Court 3 MICHAEL S. WEISS, Siale Bar # 168378 YVONNE R. MERE, Siale Bar # 173594

4 Deputy City Attorney Fox Plaza

5 1390 Market Street, Sixth Floor

JUN 1 7 2008

GORDON PARK-U, Clerk San Francisco, California 94102-5408 BY; SAJJA RAVINANTAPAICHA

6 Telephone: (415) 554-3800 Deputy Clerk

Facsimile: (415) 437-4644 7 E-Mail: michaeLweiss@sfgov.org

E-Mail: yvonne.mere@sfgov.org 8

Attorneys lor PlaintitI 9 PEOPLE OF THE ST ATE OF CALIFORNIA

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

UNLIMITED JURISDICTION

PEOPLE OF THE STATE OF CALIFORNIA, by and through Dennis J. Herrera, City Attorney for the City and County of San Francisco,

Plaintiff,

vs.

NORTENO, a criminal street gang sued as an unincorporated association, and DOE ONE through DOE FIVE HUNDRED, inclusive,

Defendants.

Case No. CGC 07-464492

(PROP@ggIJ1~

ORDER FOR GRANTING DEF AUL T JUDGMENT IN FORM OF PERMANENT INJUNCTION

Hearing Date: Hearing Judge: Time: Place:

June 17,2008 Comm. Gargano 9:00 am. Dept. 218

Date Action Filed: June 21, 2007

Plaintiff PEOPLE OF THE STATE OF CALIFORNIA's Request for Default Judgment

Granting Permanent Injunction in the above-entitled action came on regularly for hearing at 9:00

a.m. on June 17,2008, in Department 218 of this Court, the Honorable Commissioner William

Gargano, presiding. Plaintiff PEOPLE OF THE STATE OF CALIFORNIA ("PLAINTIFF" or the

ORDER GRANTING PERM. INJ, PEOPLE v. NORTENO, 464492 n \codenl\li!OO7\071Iot.\U04<'J<bb du~

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"CITY"), was represented by their attorney, DENNIS 1. HERRERA, City Attorney, appearing

2 through MICHAEL S. WEISS and YVONNE R. MERE. Deputy City Attorneys. Defendant

3 NORTENO criminal street gang ("Defendant" or "NORTE NO") did not appear.

4 Having read and considered the moving papers. all papers filed in this action, and all

5 evidence presented. and having heard argument of counsel. and good cause appearing therefor,

6 IT IS ORDERED, ADJUDGED AND DECREED that Plaintiffs Request for Default

7 Judgment Granting Permanent Injunction is GRANTED.

8 THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE:

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• Defendant NORTENO is a criminal street gang as defined by Penal Code Section

186.22 and People v. Englebrecht(2001) 88 Cal.App.4lh 1236, 1258;

• Defendant NORTENO, through its members, has created a substantial and

unreasonable public nuisance in the City and County of San Francisco, within a

geographic area referred to by Plaintiff as the "Safety Zone" (attached hereto as

Exhibit A and hereinafter referred to as the "Safety Zone"), an "L" shaped area

generally bordered by 23rd Street to the North (but extending to 21 st Street at

Alabama Street), Valencia to the West. Cesar Chavez to the South, Potrero Avenue

to the East. and extending to encompass La Raza Park, also known as Potrero Del

Sol Park.

• Defendant NORTENO was properly and adequately noticed, properly served with

the Summons and Complaint, and adequately provided with an opportunity to be

heard;

• Defendant NORTENO failed to answer or otherwise respond to the Summons and

Complaint;

• Defendant NORTENO's default was properly entered on April I, 2008;

• Defendant NORTENO criminal street gang was properly enjoined by a preliminary

gang abatement injunction issued by this Court on October 12, 2007;

• Defendant NORTENO criminal street gang may properly be permanently enjoined.

2 ORDER GRANTING PERM. INJ. PEOPLE v. NORTENO, 464492

• Defendant's members include each of the thirty persons listed on the "List For

2 Service And Enforcement Of Permanent Gang Injunction," attached hereto as

3 Exhibit B (hereinafter "Enforcement List");

4 GOOD CAUSE HAVING BEEN SHOWN, IT IS ORDERED, ADJUDGED AND

5 DECREED that Defendant NORTENO criminal street gang, and members of Defendant

6 NORTENO gang, as designated on the Enforcement List, are enjoined and restrained from engaging

7 in or performing directly or indirectly, any of the following activities in the Safety Zone:

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NO INTIMIDATION: Confronting, intimidating, harassing, threatening,

challenging, provoking, assaulting, or battering any person known to be a witness to,

known to be a victim of, or known to have complained about any activity of

NORTENO;

NO GUNS OR DANGEROUS WEAPONS: Anywhere in public view or any

place accessible to the public, (1) possessing any gun, ammunition, or illegal weapon

as defined in Penal Code Section 12020, (2) knowingly remaining in the presence of

anyone who is in possession of such gun, ammunition or illegal weapon, or (3)

knowingly remaining in the presence of such gun, ammunition, or illegal weapon;

NO GRAFFITI or GRAFFITI TOOLS: Damaging, defacing, or marking any

public or private property of another, or possessing any spray paint can, felt tip

marker, or other graffiti tools as defined in Penal Code Section 594.2;

STA YAW A Y FROM DRUGS: Without a prescription, (I) selling, possessing, or

using any controlled substance - including, but not limited to, heroin,

methamphetamine, cocaine, hashish or marijuana - or related paraphernalia, as

defined by Health and Safety Code Section 11364 - including, but not limited to,

rolling papers, pipes used for illegal drug use, crack vials, and syringes - (2)

knowingly remaining in the presence of anyone selling, possessing, or using any

controlled substance or such related paraphernalia, or (3) knowingly remaining in the

presence of any controlled substance or such related paraphernalia;

3 ORDER GRANTING PERM. INJ, PEOPLE v. NORTENO, 464492

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NO TRESPASSING: Remaining on any private property after being asked to leave

by the owner. owner's agent or person in lawful possession of the property;

NO GANG SIGNS. GANG SYMBOLS. OR RED CLOTHING: Flashing,

meaning using one's hand or hands or finger or fingers, to form the numbers ""14."

"24," "XIV," "X4," or "XXIV," the letter "N" or "M"; wearing clothing, hats or an

accessory that contains red in whole or in part that is visible to the public; or

publicly displaying by any means the following gang symbols: the numbers" 14,"

"24," "XIV," "X4," or "XXIV," the letters "N" or "M," the words or phrases "Norte,"

"NORTENO," "LNS," "22B," "2IABL," "Nuestra Familia," "Shotty Block," and

"SFM;" this prohibition does not include a uniform that must be worn while one is

engaged in lawful employment or coming to and from the place of employment;

DO NOT ASSOCIATE: Standing, sitting, walking, driving, gathering, or appearing

anywhere in public view or any place accessible to the public, with any known

member of the NORTENO gang, but not including: I) when all individuals are

inside a school attending class or on school business; or 2) when all individuals are

inside a church, engaging in a religious service; provided, however, that such

individuals are in full compliance with all other terms of the injunction, and no

association occurs during travel to and from any of those locations;

DO NOT LOITER WITH THE INTENT TO COMMIT A NARCOTICS­

RELATED OFFENSE AS PROSCRIBED IN HEALTH AND SAFETY CODE

SECTION 11352: Loitering in a public place in a manner and under circumstances

manifesting the purpose and with the intent to commit an offense specified in

Chapter 6 of the Health and Safety Code. commencing with Section 11350. and

Chapter 6.5 of the Health and Safety Code, commencing with Section 11400. in

accordance with Health and Safety Code Section I I 532(b);

NO NIGHTTIME LOITERING: Loitering in a public place between 10:00 p.m.

on any day and 5:30 a.m. the immediately following day;

4 ORDER GRANTING PERM. INJ. PEOPLE v. NORTENO.464492

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DO NOT BLOCK THE PASSAGE OF PERSON OR VEHICLE: Blocking the

free passage of any person or vehicle on any street, walkway, sidewalk, driveway,

alleyway, parking lot or other area of public passage or on the grounds of a school;

DO NOT FORCE ANY PERSON TO JOIN THE NORTENO GANG: Making

any threats or doing anything threatening, or disturbing the peace, to cause a person

to join the NORTENO criminal street gang;

DO NOT PREVENT ANY PERSON FROM LEAVING THE GANG: Making

any threats or doing anything threatening, including without limitation, shooting,

striking, battering, destroying the personal property or disturbing the peace (I) to

prevent a person from leaving the NORTENO criminal street gang, or (2) to any

person known to have left the NORTENO gang;

OBEY ALL LAWS: The enjoined and restrained persons must obey all laws that

13 (I) prohibit violence and threatened violence, including murder, rape, robbery by

14 force or fear, assault and battery, (2) prohibit interference with the property rights of

I S others. including trespass, theft, driving or taking a vehicle without the owner's

16 consent, and vandalism, or (3) prohibit the commission of acts which create a

17 nuisance, including the illegal sale of controlled substances, loitering with intent to

18 commit a narcotics-related offense, and blocking the sidewalk.

19 IT IS ALSO ORDERED that each designated NORTENO gang member shall be subject to

20 the provisions of this Permanent Injunction when that individual has been personally served with

21 this Permanent Injunction, or the individual has intervened in this case and the Permanent

22 Injunction has been served on hislher counsel of record.

23 IT IS FURTHER ORDERED that the Permanent Injunction is subject to modification by

24 any party to the action upon noticed motion, while the Enforcement List is subject to modification

2S by any party to the action or by any person named on the Enforcement List who has been served

26 with the Permanent Injunction. Any person or party seeking to modify the Enforcement List,

27 including motions brought by named gang members to be removed from the Enforcement List or

28 motions brought by the People to add additional persons to the Enforcement List, must make a

S ORDER GRANTING PERM. INJ, PEOPLE v. NORTENO, 464492 " ~"",,"Ii'OO7\07 """\OO"''''do,

properly noticed motion in accordance with California Code of Civil Procedure, the Rules of Court

2 and applicable local rules. If a gang member seeks to be removed from the Enforcement List, he

3 may contact the City Attorney's Office and partake in their administrative process, followed by a

4 motion to the Court, or he may file a motion directly to the Court, serving Plaintiff through the City

5 Attorney's Office. If the People seek to add persons to the Enforcement List, they shall serve the

6 motion on each individual it seeks to add, and send copies to any other person who, at the time of

7 the filing. is I) a party to the action; and 2) has made an appearance in the case. It shall not be a

8 detense to any civil or criminal contempt charge, or civil or criminal charge of any nature

9 whatsoever. that the moving party is eligible to apply for relief under this provision.

10 The People shall not be required to post an undertaking pursuant to Code of Civil Procedure

I I Section 529(b )(3). Plaintiff waived costs. Each party shall bear its own costs in this action.

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13 IT IS SO ORDERED:

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Dated: JUN 17 Z008 WILLIAM GARGANO

WILLIAM GARGANO SUPERIOR COURT COMMISSIONER

6 ORDER GRANTING PERM. INJ, PEOPLE v. NORTENO, 464492 n \codenNiZOO7\0711 {)()\o04~<)~6h doc

EXHIBITS:

A. 2

NORTENO Safety Zone

B. List For Seryice And Enforcement Of Permanent Gang Injunction 3

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PERMANENT INJUNCTION, PEOPLE v. NORTENO, CASE NO. 464492

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EXHIBIT A

MAP OF PROPOSED SAFETY ZONE

16 ORDER GRANTING PERM. INJ. - PEOPLE v. NORTENO, CASE NO. 464492

, . PEOPLE v. NORTENO PRELIMINARY INJUNCTION - ENFORCEMENT LIST

a10 10/15107