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78-131
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78-131
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Last modified
1/3/2012 12:34:09 PM
Creation date
6/26/2003 10:46:50 AM
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City Clerk
Doc Type
Resolution
Doc #
78-131
Date
10/2/1978
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RESOLUTION NO. 78-131 <br />PAGE SIX <br /> <br />as defendants in an action to abate the same, and to seek <br />restitution for the costs of abatement, including: <br /> <br />(1) investigative costs; <br /> <br />(2) Court costs; <br /> <br />(3) reasonable attorney's fees arising out of <br />preparations for and trial of the cause, and <br />appeals therefrom; and <br /> <br />(4) printing costs of trial and appellate briefs <br />and all other papers filed in such proceedings. <br /> <br /> B. Ail positive prints of the films and pre- <br />views listed in Section 2(C) are considered to be contraband <br />and the subject of forfeitures as provided for in Section <br />12-104(G) (3) of the Santa Ana Municipal Code. <br /> <br /> C. From and after service on the place or its <br />manager, or acting manager, or person then in charge of <br />such place, of a certified copy of Ordinance NS 1325, as amended, <br />and a certified copy of this Resolution, any and all moneys <br />paid thereafter as admission price to the exhibition of <br />such lewd films are considered to be a public nuisance <br />as personal property used in conducting and maintaining <br />such nuisances, and that a forfeiture of the same and other <br />admission fees will be requested in the judicial proceedings <br />required by Ordinance No. NS 1325, as amended. <br /> <br />Section 8. <br /> <br /> A. The City Attorney is hereby ordered to provide <br />for delivery of a certified copy of this Resolution and <br />a certified copy of Ordinance NS 1325, as amended, in any <br />manner normally used to effectuate personal service of <br />process as directed in Code of Civil Procedure Sections <br />415.10 through 416.90 to United Artists Theatres, Inc., <br />Allison Honer Co., a Partnership, Cinema 7, Inc., and JOHN <br />DOES 1 through 3, and to all other persons of record having <br />any legal or equitable interest in the real property known <br />as 1565 West 17th Street, Santa Ana, California, on which <br />is located the motion picture business commonly known as <br />the "Mitchell Brothers' Santa Ana Theater," and to the <br />manager or acting manager or persons in charge of said <br />establishment. <br /> <br /> B. The City Attorney is hereby ordered to <br />proceed as directed in Section 12-105 of the Santa Ana <br />Municipal Code, and to take all steps and do all things <br />necessary to abate such nuisances and obtain the relief <br />designated therein, through the judicial proceedings speci- <br />fied therein. <br /> <br /> <br />
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