Nuisance Abatement Complaint

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James Alan Bush
1211 East Santa Clara Avenue #4
San Jose, California 95116
(408) 685-4049
theoknock@gmail.com

Plaintiff in pro per

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
CIVIL DIVISION - SAN JOSE

James Alan Bush, ) Case No. 14-CV-######
)
Plaintiff, ) COMPLAINT FOR TEMPORARY
) WRIT OF INJUNCTION AND
v. ) PERMANENT INJUNCTION
)
Reuben Ayala, Edelmira Ayala, ) [Civ. Code 3422; Code
David Ayala, DOES 1 to 10, ) Civ. Proc. 526 and
) 527(a); Health & Safety
Defendants. ) Code 1157011587]
) ________________________________

INTRODUCTION
COMES NOW Plaintiff, James Alan Bush, and petitions this Court
for a temporary writ of injunction [Code Civ. Proc. 526,
527(a); Health & Safety Code 11573] and a permanent injunction
[Civ. Code 3422; Health & Safety Code 11570, 11571] against
Defendants Reuben Ayala and Edelmira Ayala, owners of Ayala
Apartments, and Defendant David Ayala, resident property
manager, to abate a public and private nuisance pursuant to
Health & Safety Code 11570-11587, and, in particular, to end
14-CV-###### PAGE OF 1 6 COMPLAINT
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drug dealing, the associated crime and the disproportional drain
on police services at the building the defendants own and/or
manage.

ALLEGATIONS
Plaintiff alleges:
1. Plaintiff is, and at all times herein mentioned was, a
citizen of the State of California and a resident of the
County of Santa Clara, where the nuisance that is the
subject of this complaint exists.
2. Defendants Reuben Ayala and Edelmira Ayala are, and at all
times herein mentioned were, the owners of the building in
which the nuisance exists, namely, Ayala Apartments,
located at 1355 Jefferson Avenue, in the City of Santa
Clara, in the County of Santa Clara, and in the State of
California, and are the persons maintaining the nuisance
that is the subject of this complaint.
3. Defendant David Ayala is, and at all times herein mentioned
was, an employee (i.e, property manager) and relative
(i.e., son) of the aforementioned defendants, and is the
person conducting the nuisance that is the subject of this
complaint.
4. At all times herein mentioned, and at least since July 31st
2008, Defendant David Ayala, in concert with other persons
herein referred to as DEFENDANT DOES 1 to 10, have
occupied, used, and maintained the premises described above
for the purpose of unlawfully selling, serving, storing,
keeping, manufacturing, or giving away controlled
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substances, precursors, or analogs, as specified in Health
& Safety Code 1100011651, namely, crystal
methamphetamine, PCP, marijuana and heroin; moreover,
defendants, and each of them, have occupied, used, and
maintained the aforesaid premises in such a manner that
loud music, fighting involving gunshots and stabbings,
yelling, stomping, slamming and other noises emanate from
defendants building on a recurring basis, at all hours of
the night, which has resulted in numerous calls to police
by tenants of the building and residents of neighboring
homes, as well as by the defendants themselves.
5. The Santa Clara Police Department has actively patrolled
the property for over six years, and has been to the
property over 60 times on crime-related matters during that
time, almost invariably between the late-night hours of 11
PM to 2 AM [see Exhibit A for police reports pertaining
to narcotics and related disturbances reported by tenants
of Ayala Apartments and neighboring residents]; in most
cases, the Santa Clara Police Department, tenants of Ayala
Apartments and its surrounding neighbors identify the
property as a hub or center for drug activity in the
neighborhood, and have also identified Defendant David
Ayala and/or persons associated with the aforesaid
defendant in nearly every police report made between 2008
and present as responsible for that activity.
6. Defendant David Ayala uses the building owned by his
parents, Defendants Reuben and Edelmira Ayala, as a place
of shelter and safety from the police, while conducting
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drug deals, harboring parolees-at-large and persons with
warrants, and instigating fights that have resulted in
gunshots fired and stabbings. Consequently, the building is
a nuisance per se as defined by Health & Safety Code
11570 and Civil Code 3479.
7. On or about June 12
th
, 2014, Defendants Reuben and Edelmira
Ayala were hand-delivered notice of the damage caused by
the nuisance and a request for its abatement; however, the
defendants have refused, and continue to refuse, to abate
the nuisance, having called the Santa Clara Police
Department in an attempt to have the individual serving the
nuisance abatement request arrested [see Report #14-6434,
Exhibit A].
8. Based on the retaliatory response by the defendants upon
service of said notice and the fact that the defendants
have otherwise taken no reasonable measures to abate the
nuisance, Plaintiff contends that Defendants will, unless
restrained by this court, continue to maintain the nuisance
and continue the acts complained of, in violation of the
rights of the occupants of Ayala Apartments, its
surrounding neighbors and the community at-large.
9. Plaintiff believes and thereupon alleges that Defendants
Reuben and Edelmira Ayala who own the property cannot say
that they acted reasonably in their efforts to meet the
problem they knew existed on their property, and have
otherwise overlooked the problem due to the fact that the
property manager (Defendant David Ayala) is a relative,
i.e., their son. Consequently, Defendants, and each of
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them, are creating and/or maintaining the nuisance as a
result of unnecessary, unreasonable, and injurious methods
of operation of their business, i.e., Ayala Apartments,
specifically, by and through their willful failure and
refusal to abate the nuisance.
10. Plaintiff has no plain, speedy, or adequate remedy at law,
and injunctive relief is expressly authorized in Health &
Safety Code 11570-11587.
11. A temporary writ of injunction to close the premises is
necessary in this case to abate and prevent the continuance
of this nuisance, as the nuisance has been ongoing and
unstoppable by constant police involvement, even after
numerous warnings and arrests [see Exhibit A].

REQUESTED RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants as
follows:
1. For a preliminary and permanent injunction enjoining
defendants and all persons in concert with or for them from
unlawfully selling, serving, storing, keeping,
manufacturing, or giving away a controlled substance,
precursor, or analog, as specified in Health & Safety Code
11000-11651 in the building described above; and,
enjoining defendants and their agents, servants and
employees and all persons acting under and in concert with
or for them from creating any noise on the premises
sufficiently loud enough to disturb the comfortable
enjoyment of the property that is the subject of this
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complaint and its neighboring properties.
2. For a temporary writ of injunction to close the premises;
3. For costs of suit herein included; and,
4. For such other relief as the court may deem proper.

Respectfully submitted by:

________________________________ __________________________
James Alan Bush Date

________________________________
________________________________ __________________________
Address Phone
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James Alan Bush
(408) 685-4049
theoknock@gmail.com



)
Plaintiff, ) DECLARATION OF PLAINTIFF
) IN SUPPORT OF COMPLAINT
v. ) FOR TEMPORARY WRIT OF
) INJUNCTION AND PERMANENT
Reuben Ayala, Edelmira Ayala, ) INJUNCTION TO ABATE
David Ayala, DOES 1 to 10, ) PUBLIC AND PRIVATE
) NUISANCE
Defendants. )
) ________________________________

I, James Alan Bush, hereby declare:
1. I am the plaintiff in this matter and reside in the County
of Santa Clara, in the State of California, which is the
same location as the building that is the subject of this
action, namely, Ayala Apartments. This declaration
provides the facts and circumstances to establish that the
aforementioned building is a drug house nuisance as
defined by California law.
2. On June 14th, 2014, I submitted a Request for Public
14-CV-###### PAGE OF 1 11 DECLARATION
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Records pursuant to Gov. Code 6253 to the Santa Clara
Police Department [attached hereto as Exhibit A],
requesting any information relating to any person
arrested and the complaints or requests received by your
department (along with the responses) as it pertains to
unlawful selling, serving, storing, keeping,
manufacturing, or giving away of any controlled substance,
precursor, or analog in every building or place wherein or
upon which those acts take place as specified in Health &
Safety Code 11000-11651 in and around the subject
location, specifically, 1355 Jefferson Avenue.
3. I have reviewed all 60 of the police reports provided by
the Santa Clara Police Department in response to said
request [attached hereto as Exhibit B], the most
relevant of which are summarized in this declaration.
4. According to Santa Clara Police Department Report No.
14-6434, on June 12th, 2014, a nuisance abatement
advisement was hand-delivered to Defendants Reuben and
Edelmira Ayala, the owners of the property that is the
subject of this complaint, and to Defendant David Ayala,
the property manager, regarding the numerous criminal
violations on the property, which pertain to narcotics,
disturbances, weapons fire, and the like. Per the report,
defendants responded by calling the police in an attempt
to have the person delivering the advisement arrested.
5. The remainder of the police reports show that there were
seven narcotics-related calls to police, in which police,
residents of Ayala Apartments and its neighbors identified
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identified Defendant David Ayala and others as known drug
users, suspectednarcotics dealers, and known gang
members that sell drugs. Following is a summary of each
report pertaining to narcotics or disturbances involving
the use of narcotics by the suspects; in each report,
Defendant David Ayala is the primary suspect:
a. On June 30th, 2009, at 11:27 PM, a resident of Ayala
Apartments, i.e., Jaramilla (last name withheld),
reported a fight at Defendant David Ayalas apartment
between the defendant and one other male; in Report
No. 090630223 [Disturbance, fighting], Santa Clara
Police Department described them both as WMA's in
their 30's, yelling outside and fighting; known drug
users, associated with property manager's apartment,
i.e., David Ayalas.
b. Per Santa Clara Police Department Report No.
100614212 [Narcotics], an anonymous resident of Ayala
Apartments advised police on June 14th, 2010, at 8:27
PM that the apartment manager (David Ayala) has a
lot of people coming in and out, and thinks David is
doing drugs again.
c. A second anonymous resident called police on June
29th, 2010, at 1:11 PM, stating that, per Report No.
100629111 [Disturbance], starting four hours earlier
(7 am), the apartment manager (David Ayala) and
several friends have been yelling loudly and
screaming, with profanity. Possibly under-the-
influence.
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d. A neighbor to Ayala Apartments located at 1511
Harrison Street, namely, Jaime Cortez, reported on
January 27th, 2011, at 6:30 PM, informed police that
the property manager at Ayala Apartments [and
others] are suspected to be narcotics dealers, and,
stated that there is a lot of foot traffic in and
out of there, and [that he] can hear a lot of
yelling, per Report No. 110127132 [Disturbance].
e. Defendant Reuben Ayala indicated his own awareness of
illegal narcotics use on his property when, on July
7th, 2013, at 2:09 AM, he reported to police that
Defendant David Ayala and three or four vehicles
[were] parked illegally in lot with lots of marijuana
smoking by occupants (as viewed through security
cameras), per Report No. 130707017 [Narcotics].
f. That same defendant, i.e., Reuben Ayala, called
police on August 26th, 2013, at 5:16 PM (Report No.
130826166 [Disturbance, fighting], reporting that
[Defendant] David Ayala, 34, HMA, heavy-set, gray
tank top, black pants, and Ricky Santos, both known
gang members, started yelling at reporting party and
her sister, and that, suspects [Defendant David
Ayala and Ricky Santos] sell drugs.
g. Per Report No. 131113179 [Disturbance], a resident of
Ayala Apartments, i.e., [first name withheld] Flores,
called police on November 13th, 2013, at 6:53 PM,
complaining that a female wearing brown sweater
associated with occupants of David Ayala's apartment
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threw something at [his] window, and said they are
drug addicts and has had previous problems with
them.
6. A further review of the police reports revealed four
weapons-related calls, including three incidences
involving gunshots and one stabbing. Following is a
summary of each report pertaining to disturbances in or
around the apartment of Defendant David Ayala, which
involved weapons, i.e., either a gun or knife:
a. On August 15th, 2010, at 7:36 AM, Sanchez [last name
withheld] called police to report one possible gun
shot, that caused car alarms [to go] off, per
Report No. 100815052 [Firearms discharged].
b. On January 17th, 2011, at 6:50 PM, the same
individual reported to police as hearing two gun
shots, per Report No. 110117150 [Firearms
discharged].
c. Per Report No. 130728123 [Disturbance, firearms], on
July 28th, 2013, at 5:26 PM, an anonymous caller, a
resident of Ayala Apartments, stated that he heard
someone screaming that someone has a gun from the
top of the apartment building, and that the suspect
Defendant David Ayala.
d. Per Report No. 130826052 [Disturbance, fighting], on
August 26th, 2013, at 8:39 AM, an anonymous caller
heard yelling and screaming, and that someone said
he was stabbed by parolee-at-large, Joseph Clot, who
had previously been hiding at David Ayala's
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apartment.
7. The police reports also revealed incidences in which
Defendant David Ayala was discovered by police to have
harbored parolees at-large and/or persons with warrants;
moreover, they show that the aforementioned defendant
illegally housed persons in vacant units who were non-
residents of Ayala Apartments, which alarmed and otherwise
annoyed lawful residents on multiple occasions. Following
is a summary of each such report:
a. Report No. 08-8264 [Trespassing], on July 31st, 2008,
at 6:25 PM, Andrea King, a resident of Ayala
Apartments, stated that prior to arrival of
officers, the door was open to apartment #2, but was
shut as soon as the police arrived, and then stated
further that, [the] apartment is supposed to be
vacant, but that she suspects that the resident-
manager, i.e., Defendant David Ayala is hiding people
in #2 for unknown reasons.
b. Report No. 100714072 [Parolee-at-large (stakeout)],
on July 14th, 2010, at 11:52 AM, Jose Segura,
parolee-at-large, Martin Valenzuela, also a parolee-
at-large, was found hiding in Defendant David Ayala's
apartment.
c. Report No. 100723154 [Parolee-at-large (stakeout)],
on July 23rd, 2010, at 4:21 PM, parolee-at-large,
Samuel Valenzuela, was found hiding in Defendant
David Ayala's apartment.
d. On September 8th, 2010, at 4:13 PM, an [anonymous]
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caller reported to police that they [heard] the
apartment manager, David Ayala, fighting [with] an
HMA, heavy-set [individual, possibly named] Joe, who
has tattoos; both [suspects were] yelling at each
other, and that one said he was going to kill the
other. According to the report, i.e., Report No.
100908192 [Disturbance, fighting], upon arrival, the
police identified the suspects as Defendant David
Ayala and Joseph Clot, a parolee.
e. Report No. 130515239 [Trespassing], May 15th, 2013,
at 11:43 PM, police reported that a male subject,
said, Help, there are people in the yard, and then
hung up. Suspecting Defendant David Ayala, police
attempted a follow-up, but no one answered the door
to the defendants apartment.
8. In addition to the other types of disturbances already
summarized in this declaration, Defendant David Ayala was
involved in nine additional disturbances that involved
fighting, which were reported to police by both occupants
of Ayala Apartments and neighboring residents. Following
is a summary of each of those nine reports:
a. Report No. 081213010 [Disturbance], December 13th,
2009, at 12:39 AM, William Mason, a resident of Ayala
Apartments, two males arguing, threatening one
another. Reporting party advises that this is the
manager's apartment, i.e., Defendant David Ayalas
apartment. Reporting party wishes to remain
anonymous; no contact.
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b. Report No. 09-6394 [Disturbance, fight], on June
19th, 2009, at 11:16 PM, Katrina Patient, a resident
of Ayala Apartments, in an upstairs unit,
specifically, Defendant David Ayala's apartment, she
could hear two males yelling at each other, using
profanity, from the street. Police confirmed the
disturbance on arrival at the defendants apartment.
c. Report No. 090701286 [Disturbance], July 2nd, 2009,
at 11:55 PM, Gabriel Esparza, resident of 1501 Lewis
Street, across from the south side of Jefferson
Avenue (between Lewis and Harrison), at Ayala
Apartments, the reporting party has been hearing two
males arguing for about 30 minutes. Police suspected
that the disturbance came from Defendant David
Ayala's apartment. A second person, also a neighbor
of Ayala Apartment, located at 1365 Jefferson Street,
reported the same disturbance, identifying the
defendant as one of the culprits.
d. Report No. 100521211 [Disturbance, fight], on May
21st, 2010, at 7:53 PM, William Beck, a neighbor to
Ayala Apartments, [could] hear a male, namely,
Defendant David Ayala, yelling, and that a male
and female just came out of the apartment occupied
by Defendant David Ayala. When police arrived at the
defendants apartment, he [was] very hostile [and]
non-cooperative. Police stated further that they
had to hail him to get him to answer the door.
e. Report No. 100529021 [Disturbance, fight], on May
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29th, 2010, at 1:07 AM, an [anonymous] resident of
Ayala Apartments, in the first apartment on the
second floor of Ayala Apartments, i.e., Defendant
David Ayalas apartment, two males [were] screaming
at each other, with lots of slamming going on, and
that one of the subjects is [Defendant] David Ayala,
the property manager.
f. Report No. 100905144 [Disturbance, fighting],
September 5th, 2010, at 2:50 PM, an [anonymous]
caller and resident of Ayala Apartments, hears male
and female fighting in the apartment across from
her, i.e., Defendant David Ayala's apartment.
g. Report No. 140301022 [Disturbance, fighting], March
1st, 2014, at 2:35 AM, [anonymous] resident of Ayala
Apartments, reported that two males [have been]
yelling for the past couple of hours, one of them
being Defendant David Ayala, and that this is a
chronic problem. According to the report, the caller
reported further that the subjects were arguing
until the police knocked, and then became all quiet.
h. Report No. 140506284 [Disturbance], on May 6th, 2014,
at 10:58 PM, [first name withheld] Hanson, reported
a group of two or three males and females, yelling
at each other, one of them known by the caller to be
i. Report No. 100222128 [Theft], February 22nd, 2010, at
4:42 PM, Lindsey Dryer, a resident of Ayala
Apartments, called police, telling them that she was
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trying to retrieve her cellular phone at [Defendant]
David Ayala's apartment; but, [the defendant] is in
possession of it, and would only [give] her the SIM
card, but not the phone.
9. There were also an additional seven noise disturbances
reported by occupants of Ayala Apartments and neighboring
residents, most of which occurred between the late-night
and early morning hours of 11 PM and 5 PM. Following is a
summary of each report:
a. Report No. 081006005 [Noise], October 6th, 2008, at
1:03 AM, Paula [last name withheld], a resident of
Ayala Apartments, reported that two subjects screaming
at their dog outside in the yard, one of them being
b. Report No. 09-4878 [Disturbance, noise], on May 12th,
2009, at 10:10 PM, Ayala Apartments resident, Jaramillo
[last name withheld], reported loud music from
Defendant David Ayalas apartment.
c. Report No. 100603222 [Disturbance, noise], on June 3rd,
2010, at 9:28 PM, a resident of Ayala Apartments, who
refused to provide their name, reported loud music from
David Ayala's apartment.
d. Report No. 100701035 [Disturbance, noise], on July 1st,
2010, at 5:53 AM, an anonymous resident of Ayala
Apartments reported loud music at the apartment of
Defendant David Ayala, which officers reported to have
ceased when they arrived at the scene.
e. Report No. 130823078 [Disturbance], on August 23rd,
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2013, at 11:20 AM, an anonymous reporting party said a
woman was screaming at or near the apartment building
managed by [Defendant] David Ayala.
f. Report No. 140206010 [Disturbance, noise], on February
6th, 2014, at 2:37 AM, an anonymous caller reported
loud music at Defendant David Ayalas apartment.
g. Report No. 140415093 [Warrant], April 15th, 2014, at
10:28 AM, the police reported that Defendant David
Ayala was wanted for $50K of fraud.

I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct, and that
this declaration was executed on August _____, 2014, in the City
of Santa Clara, County of Santa Clara, State of California.

________________________________ __________________________

________________________________
________________________________ __________________________
Address Phone
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James Alan Bush
(408) 685-4049
theoknock@gmail.com



)
Plaintiff, ) MEMORANDUM OF POINTS AND
) AUTHORITIES IN SUPPORT OF
v. ) COMPLAINT FOR TEMPORARY
) WRIT OF INJUNCTION AND
Reuben Ayala, Edelmira Ayala, ) PERMANENT INJUNCTION TO
David Ayala, DOES 1 to 10, ) ABATE PUBLIC AND PRIVATE
) NUISANCE
Defendants. )
) ________________________________

In support of Plaintiffs complaint against Defendants for a
writ of injunction and permanent injunction to abate drug house
activity, Plaintiff proffers the following arguments:
I. THE ACTIVITY COMPLAINED OF CONSTITUTES A NUISANCE UNDER
SECTION 3479 OF THE CIVIL CODE AND SECTION 11570 OF THE
HEALTH & SAFETY CODE BECAUSE THE BUILDING OWNED AND MANAGED
BY THE DEFENDANTS IS USED FOR THE PURPOSE OF UNLAWFULLY
SELLING, SERVING, STORING, KEEPING, MANUFACTURING, OR
GIVING AWAY CONTROLLED SUBSTANCES.
14-CV-###### PAGE OF 1 5 MEMORANDA
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A. Definition of Public Nuisance under Civil Code Section
3480. The activity complained of is a public nuisance
within the meaning of Civil Code Section 3480. A public
nuisance is one which affects at the same time an
entire community or neighborhood, or any considerable
number of persons [Civ. Code 3480].
B. Drug House as Nuisance. Every building or place used
for the purpose of unlawfully selling, serving,
storing, keeping, manufacturing, or giving away any
controlled substance, precursor, or analog specific in
the Uniform Controlled Substances Act [Health & Safety
Code 11000 et seq.; Civ. Code 3479], and every
building or place where those acts take place is a
nuisance that shall be enjoined, abated, and prevented,
whether it is a public or private nuisance [Health &
Safety Code 11570; Lew v. Superior Court (1993) 20
Cal. App. 4th 866, 871, 25 Cal. Rptr. 2d 42].
C. Facts Pleaded or Proved Satisfy Statutory Definition of
Nuisance. The basis of a nuisance action must be found
in the statute [People v. Lim (1941) 18 Cal. 2d 872,
880-881, 118 P.2d 472]. Plaintiff has provided
substantial evidence that the building owned and/or
maintained by Defendants is used in the sale of drugs
and the harboring of drug dealers. The reports provided
by the Santa Clara Police Department, attached hereto
as Exhibit A, show a disproportionate amount of
complaints of criminal activity involving Defendant
David Ayala (i.e., about 60 reports within a period of
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approximately six years, beginning in 2008 and until
present), and include multiple incidences of narcotics
violations and fighting and noise disturbances, some
involving deadly weapons [see Declaration of Plaintiff
for a summary of each call made to police by residents
of Ayala Apartments and neighboring residents, which
report the criminal activity that defines the nuisance
complained, all involving Defendant David Ayala].
II. PLAINTIFF MAY BRING THIS ACTION BECAUSE THE COMPLAINED OF
ACTS INVOLVE THE ILLEGAL SALE OF CONTROLLED SUBSTANCES,
WHICH CONSTITUTE A NUISANCE WITHIN THE DEFINITION SET
FORTH IN SECTION 3479 OF THE CIVIL CODE.
A. Private Citizens May Abate Drug House Activity. A
private citizen may maintain an action to abate and
prevent a Health & Safety Code Section 11570 nuisance
whenever there is a reason to believe that the nuisance
is kept, maintained, or exists [see Health & Safety
Code 11571].
Relief available in an abatement action includes
closure of the premises pending trial, removal and sale
of personal property used in maintaining the nuisance,
closure of the premises for a year, and fines [Health &
Safety Code 11571 et seq.].
III. NEITHER PROOF OF INJURY IS REQUIRED BY THE PLAINTIFF NOR
MUST PLAINTIFF PROVE DAMAGES GREATER THAN THAT OF THE
PUBLIC BECAUSE THE CALIFORNIA LEGISLATURE HAS DECLARED THE
ACTIVITY COMPLAINED OF TO BE A NUISANCE PER SE UNDER
SECTION 11570 OF THE CALIFORNIA HEALTH & SAFETY CODE.
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A. Legislative Declaration of Nuisance Per Se. An action
or condition that has been declared by the Legislature
to be a public nuisance is a nuisance per se [see
McClutchy v. Laguna Lands Ltd. (1917) 32 Cal. App. 718,
725, 164 P. 41].
B. State Legislature Declares Drug Houses as Nuisance
Per Se. The state legislature has specifically declared
that the use of a building for selling, serving,
storing, keeping, manufacturing, or giving away a
controlled substance to be a nuisance per se [see
Health & Safety Code 11570; Lew v. Superior Court
(1993) 20 Cal. App. 4th 866, 871, 25 Cal. Rptr. 2d 42].
C. Proof of Injury Not Required for Injunctive Relief from
Nuisance Per Se. When an action or condition is a
nuisance per se, no proof is required beyond the actual
fact of the prescribed actions or conditions to
establish them as for the purpose of obtaining
injunctive relief; no ill effects need to be proved
[see McClatchy v. Laguna Lands Ltd. (1917) 32 Cal. App.
718, 725, 164 P. 41].
D. Plaintiff Not Required to Prove Damages Greater Than
Public At Large to Abate a Drug House Nuisance. The
Court has established that the rule that a private
plaintiff may bring in action for a public nuisance
only if he or she suffered damages different kind from
those of the public at large was inapplicable unless
monetary damages were sought [see Lew v. Superior Court
(1993) 20 Cal. App. 4th 866, 25 Cal. Rptr. 2d 42].
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Plaintiff seeks no monetary damages by his complaint;
rather, only the injunctive relief to which he is
lawfully entitled.

Respectfully submitted:

________________________________ __________________________

________________________________
________________________________ __________________________
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Nuisance Abatement Complaint

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