PEOPLE v. MITCHELL

Docket No. 48574.

64 Cal.App.3d 336 (1976)

134 Cal. Rptr. 358

THE PEOPLE, Plaintiff and Respondent, v. JAMES MITCHELL et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

November 30, 1976.


Attorney(s) appearing for the Case

COUNSEL

Joseph Rhine for Defendants and Appellants.

Burt Pines, City Attorney, George Eskin, Chief Assistant City Attorney, Madeleine I. Flier, Assistant City Attorney, Richard M. Helgeson, Deputy City Attorney, John Van de Kamp, District Attorney, Richard P. Kalustian, Otis L. Hubbard and Dirk Hudson, Deputy District Attorneys, for Plaintiff and Respondent.


OPINION

THOMPSON, J.

This appeal, while broadly framed, primarily presents the narrow issue of the power of a trial court acting on a petition filed under the Red Light Abatement Law to grant relief by preliminary injunction, effectively closing the property claimed to be a nuisance. Concluding that the relief is appropriate only in a judgment on the merits and not by provisional remedy, we reverse the order granting a preliminary...

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