IN RE ENGLEBRECHT
67 Cal.App.4th 486 (1998)
NATURE OF THE CASE: Englebrecht (D) requested a writ of habeas corpus and sought relief
from the trial court's decision that he was in contempt for willfully violating two
provisions of a preliminary injunction.
FACTS: The DA filed a complaint for a temporary restraining order and permanent
injunction to abate a public nuisance. Members of the street gang known as Varrio Posole
Locos or Posole had created a public nuisance by engaging in illegal activity and
terrorizing residents within one-square mile area in Oceanside. The complaint named 28
individuals, including D, and 50 Does as defendants. the complaint alleged gang members
regularly commit violent crimes, such as murders, shootings, assaults and batteries,
robberies, and also use and sell illegal drugs within the Target Area. Other nuisance
activities include: the playing of loud music, which disturbs the peace and quiet of the
Target Area; congregating in large groups, which blocks the free passage of persons and
interferes with the free use of property; applying graffiti, which adds to the blight of the
Target Area; and repeatedly and continually committing trespass upon private property to
conduct their illegal and harassing activities. The superior court issued a preliminary
injunction against the defendants. It enjoined the defendants from a wide and extensive
varieties of conduct in the Target Area. D and his young son were seen standing with Mark
Neenan in the front yard of 1408 Lemon Street, which is the residence of D's grandmother.
The trio walked down the street to Balderama Park. Neenan is a documented Posole gang
member, but was not named in the complaint for the preliminary injunction. D was warned that
if he was with Neenan he was violating the injunction. D was seen again with Neenan and
another gang member subject to the injunction. D was arrested and a pager was also found in
his possession. The trial court found D in contempt of court for violating two provisions of
the preliminary injunction: (1) associating with a known member of the Posole gang within
the Target Area in violation of paragraph (a); and (2) possessing a pager within the Target
Area in violation of paragraph (n). The trial court sentenced D to concurrent five-day terms
on each violation and fined him $1,000. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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