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James Alan Bush
1211 East Santa Clara Avenue #4
San Jose, California 95116
(408) 685-4049
theoknock@gmail.com

Plaintiff in pro per



SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
CIVIL DIVISION - SAN JOSE


James Alan Bush, ) Case No. 14-CV-######
)
Plaintiff, ) COMPLAINT FOR TEMPORARY
) WRIT OF INJUNCTION AND
v. ) PERMANENT INJUNCTION
)
Reuben Ayala, Edelmira Ayala, ) [Civ. Code 3422; Code
David Ayala, DOES 1 to 10, ) Civ. Proc. 526 and
) 527(a); Health & Safety
Defendants. ) Code 1157011587]
) ________________________________

INTRODUCTION
COMES NOW Plaintiff, James Alan Bush, and petitions this Court
for a temporary writ of injunction [Code Civ. Proc. 526,
527(a); Health & Safety Code 11573] and a permanent injunction
[Civ. Code 3422; Health & Safety Code 11570, 11571] against
Defendants Reuben Ayala and Edelmira Ayala, owners of Ayala
Apartments, and Defendant David Ayala, resident property
manager, to abate a public and private nuisance pursuant to
Health & Safety Code 11570-11587, and, in particular, to end
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drug dealing, the associated crime and the disproportional drain
on police services at the building the defendants own and/or
manage.

ALLEGATIONS
Plaintiff alleges:
1. Plaintiff is, and at all times herein mentioned was, a
citizen of the State of California and a resident of the
County of Santa Clara, where the nuisance that is the
subject of this complaint exists.
2. Defendants Reuben Ayala and Edelmira Ayala are, and at all
times herein mentioned were, the owners of the building in
which the nuisance exists, namely, Ayala Apartments,
located at 1355 Jefferson Avenue, in the City of Santa
Clara, in the County of Santa Clara, and in the State of
California, and are the persons maintaining the nuisance
that is the subject of this complaint.
3. Defendant David Ayala is, and at all times herein mentioned
was, an employee (i.e, property manager) and relative
(i.e., son) of the aforementioned defendants, and is the
person conducting the nuisance that is the subject of this
complaint.
4. At all times herein mentioned, and at least since July 31st
2008, Defendant David Ayala, in concert with other persons
herein referred to as DEFENDANT DOES 1 to 10, have
occupied, used, and maintained the premises described above
for the purpose of unlawfully selling, serving, storing,
keeping, manufacturing, or giving away controlled
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substances, precursors, or analogs, as specified in Health
& Safety Code 1100011651, namely, crystal
methamphetamine, PCP, marijuana and heroin; moreover,
defendants, and each of them, have occupied, used, and
maintained the aforesaid premises in such a manner that
loud music, fighting involving gunshots and stabbings,
yelling, stomping, slamming and other noises emanate from
defendants building on a recurring basis, at all hours of
the night, which has resulted in numerous calls to police
by tenants of the building and residents of neighboring
homes, as well as by the defendants themselves.
5. The Santa Clara Police Department has actively patrolled
the property for over six years, and has been to the
property over 60 times on crime-related matters during that
time, almost invariably between the late-night hours of 11
PM to 2 AM [see Exhibit A for police reports pertaining
to narcotics and related disturbances reported by tenants
of Ayala Apartments and neighboring residents]; in most
cases, the Santa Clara Police Department, tenants of Ayala
Apartments and its surrounding neighbors identify the
property as a hub or center for drug activity in the
neighborhood, and have also identified Defendant David
Ayala and/or persons associated with the aforesaid
defendant in nearly every police report made between 2008
and present as responsible for that activity.
6. Defendant David Ayala uses the building owned by his
parents, Defendants Reuben and Edelmira Ayala, as a place
of shelter and safety from the police, while conducting
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drug deals, harboring parolees-at-large and persons with
warrants, and instigating fights that have resulted in
gunshots fired and stabbings. Consequently, the building is
a nuisance per se as defined by Health & Safety Code
11570 and Civil Code 3479.
7. On or about June 12
th
, 2014, Defendants Reuben and Edelmira
Ayala were hand-delivered notice of the damage caused by
the nuisance and a request for its abatement; however, the
defendants have refused, and continue to refuse, to abate
the nuisance, having called the Santa Clara Police
Department in an attempt to have the individual serving the
nuisance abatement request arrested [see Report #14-6434,
Exhibit A].
8. Based on the retaliatory response by the defendants upon
service of said notice and the fact that the defendants
have otherwise taken no reasonable measures to abate the
nuisance, Plaintiff contends that Defendants will, unless
restrained by this court, continue to maintain the nuisance
and continue the acts complained of, in violation of the
rights of the occupants of Ayala Apartments, its
surrounding neighbors and the community at-large.
9. Plaintiff believes and thereupon alleges that Defendants
Reuben and Edelmira Ayala who own the property cannot say
that they acted reasonably in their efforts to meet the
problem they knew existed on their property, and have
otherwise overlooked the problem due to the fact that the
property manager (Defendant David Ayala) is a relative,
i.e., their son. Consequently, Defendants, and each of
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them, are creating and/or maintaining the nuisance as a
result of unnecessary, unreasonable, and injurious methods
of operation of their business, i.e., Ayala Apartments,
specifically, by and through their willful failure and
refusal to abate the nuisance.
10. Plaintiff has no plain, speedy, or adequate remedy at law,
and injunctive relief is expressly authorized in Health &
Safety Code 11570-11587.
11. A temporary writ of injunction to close the premises is
necessary in this case to abate and prevent the continuance
of this nuisance, as the nuisance has been ongoing and
unstoppable by constant police involvement, even after
numerous warnings and arrests [see Exhibit A].

REQUESTED RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants as
follows:
1. For a preliminary and permanent injunction enjoining
defendants and all persons in concert with or for them from
unlawfully selling, serving, storing, keeping,
manufacturing, or giving away a controlled substance,
precursor, or analog, as specified in Health & Safety Code
11000-11651 in the building described above; and,
enjoining defendants and their agents, servants and
employees and all persons acting under and in concert with
or for them from creating any noise on the premises
sufficiently loud enough to disturb the comfortable
enjoyment of the property that is the subject of this
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complaint and its neighboring properties.
2. For a temporary writ of injunction to close the premises;
3. For costs of suit herein included; and,
4. For such other relief as the court may deem proper.

Respectfully submitted by:

________________________________ __________________________
James Alan Bush Date
Plaintiff in pro per

________________________________
________________________________ __________________________
Address Phone
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