Who Can Be Bound by a Gang Injunction?
Members of a gang can be bound by the injunction “based on a showing that it is the gang, acting through its individual members, that is responsible for the [nuisance].” Individualized proof that a gang member has committed acts constituting a public nuisance is not required, nor is a showing that the enjoined person possessed a “specific intent to further unlawful group aims.” For the purposes of a gang injunction, an “active gang member” is defined as a person who participates in or acts in concert with a gang, where the participation or acting in concert is more than nominal, passive, inactive or purely technical. A gang member need not have been a party to the civil lawsuit to be bound by the injunction issued against the gang itself. In People ex rel. Totten v. Colonia Chiques, 156 Cal.App.4th 31 (2007), the court held that because the defendant gang engaged in nuisance-related misconduct, it “was therefore proper for the trial court to enjoin nonparties who were active members of
