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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
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, in which 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.
3. Defendant David Ayala is, and all times herein mentioned
was, the person conducting or maintaining the nuisance that
is the subject of this complaint, and is also an employee
(i.e, property manager) and relative (i.e., son) of the
aforementioned defendants.
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
substances, precursors, or analogs, as specified in Health
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& 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 (including gunshots and stabbings),
yelling, stomping, slamming and other noises emanate from
defendants building on a recurring basis.
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 various forms of disturbances, as reported
by residents of Ayala Apartments and neighboring
households]; 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 stated in nearly every police report
made between 2008 and present that Defendant David Ayala is
always 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
drug deals, harboring parolees-at-large and persons with
warrants, and instigating fights that have resulted in
gunshots being fired, as well as stabbings. Consequently,
the building is a nuisance per se as defined by Health &
Safety Code 11570 and Civil Code 3479.
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7. On or about June 12
th
, 2014, defendants, and each of them,
were given notice of the damage caused by the nuisance and
a request for its abatement [see Report #14-6434, Exhibit
A]; however, defendants, and each of them, have refused,
and continue to refuse, to abate the nuisance, in that they
responded to the notice by calling the police on the person
who delivered it.
8. 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, based on the retaliatory response by the defendants
upon service of said notice, in which Defendant Edelmira
Ayala 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].
9. Accordingly, Defendants who own the property cannot say
that they acted reasonably in their efforts to meet the
problem they knew existed on the property; rather, they
overlooked the problem due to the fact that the property
manager is a relative, i.e., their son.
10. Consequently, Defendants, and each of them, are creating
and/or maintaining the nuisance as a result of unnecessary,
unreasonable, and injurious methods of operation of their
business, Ayala Apartments, specifically, by and through
their willful failure and refusal to abate the nuisance.
11. Plaintiff has no plain, speedy, or adequate remedy at law,
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and injunctive relief is expressly authorized in Health &
Safety Code 11570-11587.
12. 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 the Court 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
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:
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________________________________ __________________________
James Alan Bush Date
Plaintiff in pro per
________________________________
________________________________ __________________________
Address Phone
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