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79-098
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Last modified
1/3/2012 12:33:55 PM
Creation date
6/26/2003 10:46:50 AM
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City Clerk
Doc Type
Resolution
Doc #
79-98
Date
6/18/1979
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RESOLUTION NO. 79-98 <br />PAGE SIX <br /> <br />Santa Ana Municipal Code, to summarily abate the above <br />mentioned public nuisances immediately, by terminating, or <br />causing to be terminated the exhibition of the above des- <br />cribed lewd films and to voluntarily surrender possession of <br />the same to the Court having jurisdiction of the legal <br />proceedings which the City Attorney has been ordered to <br />institute under Section 12-105 of the Santa Ana Municipal <br />Code; and <br /> <br /> C. hereby given notice, pursuant to the require- <br />ments of Section 1503 of the California Evidence Code, that <br />the motion picture films and previews listed in Section 2(C) <br />above will be required as evidence in the action to be <br />brought by the City Attorney. <br /> <br /> Section 7. Mitchell Brothers' Santa Ana Theater; <br />James Lloyd Mitchell; Artie Mitchell; Mitchell Brothers Film <br />Group, a Partnership; Cinema 7, Inc., a California corpora- <br />tion; M.B.F.G. Theatre Circuit, Inc.; Jim Gish; Wayne Babiash; <br />Allison Honer Co., a Partnership; Continental Auxiliary <br />Company, a California corporation; Bank of America National <br />Trust and Savings Association; United Artists Theatre Circuit, <br />Inc., a corporation; Does 1 through 100, inclusive; and all <br />other persons of record having legal or equitable title in <br />the real property known as 1565 West 17th Street, Santa Ana, <br />California, on which is located the motion picture business <br />commonly known as the "Mitchell Brothers' Santa Ana Theater," <br />are hereby informed and given notice that: <br /> <br /> A. under Sections 12-104(F) and 12-105 of the <br />Santa Aha Municipal Code, the City Attorney has been ordered <br />to institute legal proceedings under Civil Code Sections <br />3491 and 3494, and Civil Procedure Section 731, naming them <br />as defendants in an action to abate the same, and to seek <br />reformation of the real property and restitution for the <br />costs of abatement and reformation 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 />(5) all other relief as the court may deem proper. <br /> <br /> B. Ail positive prints of the films and previews <br />listed in Section 2(C) are considered to be contraband and <br />the subject of forfeitures as provided for in Section 12- <br />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 such <br />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 therafter as admission price to the exhibition of such <br />lewd films are considered to be a public nuisance as personal <br />property used in conducting and maintaining such nuisances, <br />and that a forfeiture of the same and other admission fees <br />will be requested in the judicial proceedings required by <br />Ordinance No. NS 1325, as amended. <br /> <br /> <br />
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