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1 COMPLAINT FOR ABATEMENT AND INJUNCTION
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MICHAEL N. FEUER, City Attorney, SBN 111529 MARY CLARE MOLIDOR, Chief, Crim. & Special Lit. Branch, SBN 82404 ARTURO A. MARTINEZ, Deputy Chief, Safe Neighborhoods & Gang Division, SBN 180355 JONATHAN CRISTALL, Assistant City Attorney, SBN 191935 LIORA FORMAN-ECHOLS, Assistant Supervising Deputy City Attorney, SBN 184135 JOSEPH L. GONZALEZ, Deputy City Attorney, SBN 303389 200 North Main Street, Room 966 Los Angeles, California 90012 Telephone: (213) 978-4090 Fax: (213) 978-8717 E-Mail: joseph.gonzalez@lacity.org Attorneys for Plaintiff [NO FEE - GOV’T CODE § 6103]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, CENTRAL DISTRICT
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. HOVO STEPANIAN, aka OGANES STEPANIAN, an individual; and DOES 1 through 50, inclusive, Defendants.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case No.: COMPLAINT FOR ABATEMENT AND INJUNCTION
[CIVIL CODE SECTION 3479, ET SEQ.; HEALTH & SAFETY CODE SECTION 11570, ET SEQ.] [Unlimited Action]
Electronically FILED by Superior Court of California, County of Los Angeles on 02/02/2021 04:41 PM Sherri R. Carter, Executive Officer/Clerk of Court, by N. Alvarez,Deputy Clerk
Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: John Doyle
21STCV04201
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I. INTRODUCTION
1. THE PEOPLE OF THE STATE OF CALIFORNIA (the “People”) bring this action to
abate a dangerous gang stronghold and narcotics nuisance existing at 14697 Plummer St.,
Panorama City, CA 91402 (the “Property”). The Property, a single-family residence in a
residential neighborhood, is being used for gang-related crime by “Pacoima,” a notorious and
violent criminal street gang known to traffic narcotics throughout the San Fernando Valley.
Since Defendant HOVO STEPANIAN purchased the Property in 2019, Pacoima has used the
Property as a compound to store, distribute, and sell large quantities of methamphetamine and
for other gang-related business such as the storage of firearms and even attempted murders.
In the past seven months alone, the Los Angeles Police Department (“LAPD”) has had to use
its limited resources to conduct two separate widespread pursuits for criminal suspects at the
Property, requiring the deployment of numerous police officers and the use of police
helicopters: one after a shooting at the Property and another for armed gang members running
through the Property fleeing police. Over the same seven-month period, members of law
enforcement executed two search warrants at the Property, and both times recovered
narcotics, firearms, and ammunition there. The activity at the Property is an ongoing and
significant danger to people in the surrounding community and must be stopped in order to
protect their health and safety. The People bring this action pursuant to Civil Code section
3479, et seq. (the “Public Nuisance Law” or “PNL”) and Health and Safety Code section
11570, et seq. (the “Narcotics Abatement Law” or “NAL”).
2. On January 10, 2019, defendant HOVO STEPANIAN, 59, purchased the sprawling half-
acre Property with a 2,200 square foot four-bedroom, three-bath ranch style house for
$735,000 but, upon information and belief, never resided there and actually lives in an
apartment in Hollywood. This type of arrangement is not unusual for the Pacoima gang, which
has been known to use straw purchasers to acquire real property for the gang’s money-making
operations, including the trafficking and sale of narcotics, and, according to law enforcement,
the pattern of activity at the Property under defendant STEPANIAN’s ownership is consistent
with this practice.
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3. Almost immediately after STEPANIAN purchased the Property, narcotics-related and
other nuisance activity at the Property began. In or around January 2019, LAPD began
receiving complaints from members of the community about suspicious and inordinate
amounts of foot and vehicle traffic coming to and from the Property at all hours. According to
LAPD, the level of foot and vehicle traffic at the Property was consistent with narcotics sales.
Sure enough, in February 2019, LAPD made its first arrest for possession of
methamphetamine at the Property. Over the ensuing months, the Property quickly developed
a reputation in the community and among law enforcement as a place where narcotics are
sold.
4. In 2020, criminal activity at the Property escalated dramatically. On the evening of June
18, 2020, LAPD received a call of shots fired at the Property. LAPD responded with a large
police presence, including a police helicopter. Upon arrival at the Property, officers found
victim Juan Flores (a self-admitted North Hollywood Boys gang member known as “Skipper”)
with a gunshot wound to his chest. LAPD conducted a large-scale sweep of the area
searching for suspects, but were unable to locate the shooter. The next day, LAPD executed a
search warrant at the Property and recovered a firearm, ammunition, and methamphetamine
there. Upon investigating, LAPD identified the shooter as Richard Sanchez, a self-admitted
Pacoima Humphrey Boys gang member known as “Peter Guns,” who was living in an RV on
the Property. Sanchez was arrested and charged with attempted murder for this shooting.
5. On September 21, 2020, just three months after the shooting, LAPD was forced to
conduct another large-scale pursuit of a criminal suspect at the Property. On that evening,
officers patrolling the area observed a vehicle parked in front of the Property with multiple
passengers inside. As officers approached, passengers exited the vehicle and started walking
toward the Property. One of the passengers then tossed a gun on the ground, jumped the
fence onto the Property, and ran through the Property in an effort to escape police. Officers
immediately requested backup, including a police helicopter, and a chase for the suspect
ensued. Officers surrounded the Property and eventually apprehended the suspect.
6. In October 2020, the Los Angeles County Sheriff’s Department (“LASD”) received
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information about a Pacoima gang member selling large amounts of methamphetamine at the
Property. For two weeks, deputies surveilled the Property and observed heavy vehicle traffic
coming to and from the location. On October 13, 2020, LASD obtained and executed a search
warrant at the Property. During the search warrant, deputies encountered and detained 17
individuals at the Property. In one of the bedrooms, deputies found methamphetamine, heroin,
fentanyl, a digital scale, and plastic baggies, and arrested the individual who lived in the
bedroom for possession of controlled substances for sale. Deputies also recovered three
firearms throughout the Property, including a handgun with a silencer and an AR-15, all
believed to belong to Pacoima street gang members.
7. In yet another incident demonstrating the danger at the Property, on January 11, 2021,
officers arrested a Pacoima gang member leaving there with a loaded firearm. The incident
began when officers observed a vehicle leaving the Property and stopped it for a Vehicle Code
violation. During the stop, officers searched the car after learning the passenger was on
probation with search conditions and found a loaded 9mm handgun next to the driver’s seat, a
spent 9mm shell casing on the floor of the car, and a plastic bag containing additional
ammunition. The driver, a self-admitted Pacoima gang member and convicted felon, admitted
that the handgun and the ammunition were his, and officers arrested him.
8. In sum, under defendant STEPANIAN’s ownership, the Property has become a
dangerous Pacoima gang stronghold where shootings occur, where gang members carry and
keep firearms, and where narcotics are stored, distributed, and sold. To protect the health and
safety of the community from the ongoing dangerous and illegal activity at the Property,
immediate and substantial action must be taken. The intent of this nuisance abatement
prosecution is to compel such action as is necessary to bring the violence and other unlawful
activity at the Property to a swift and permanent halt.
II. THE PARTIES AND THE PROPERTY
A. Plaintiff
9. Plaintiff, the People, is the sovereign power of the State of California designated in
Code of Civil Procedure section 731 and California Health and Safety Code section 11571 to
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be the complaining party in public law enforcement actions brought to abate, enjoin, and
penalize public and narcotics nuisances.
B. The Defendants
10. Defendant HOVO STEPANIAN, aka OGANES STEPANIAN, 59, an individual, is the
owner of the Property. He has owned the Property since January 10, 2019.
11. The true names and capacities of defendants sued herein as Does 1 through 50,
inclusive, are unknown to Plaintiff, who therefore sues said defendants by such fictitious
names. When the true names and capacities of said defendants have been ascertained,
Plaintiff will ask leave of the court to amend this complaint and to insert in lieu of such fictitious
names the true names and capacities of said fictitiously named defendants.
C. The Property
12. The Property’s common address is 14697 Plummer St., Panorama City, CA 91402.
The Property’s APN is: 2650-025-009. The Property’s legal description is as follows: Parcel 1: That Portion of the West 765.00 feet of Lot 27 of Tract No. 1584, in the City of Los Angeles, County of Los Angeles, State of California, As Per Map Recorded in Book 22, Pages 174 and 175 of Maps, in the Office of the County Recorder of Said County; Bounded as Follows: Bounded on the North by the Southerly Line of Tract No. 21982, in Said City, County and State, As Per Map Recorded in Book 598 Pages 51 and 52 of Maps, Records of the Said County; Bounded on the East by East Line of the West 75.00 of Said Lot; Bounded on the South by the North Line of the South 266.67 Feet of Said Lot; Bounded On the West by the West Line of Said Lot. Parcel 2: The Southerly 266.67 Feet of the Westerly 75.00 Feet of Lot 27 of Tract No. 1584, in the City of Los Angeles, County of Los Angeles, State of California, As Per Map Recorded in Book 22 Pages 174 and 175 of Maps, in the Office of the County Recorder of Said County.
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14697 Plummer St. (street view)
14697 Plummer St. (aerial view)
III. THE PUBLIC NUISANCE LAW
13. Civil Code section 3479 defines a public nuisance as “[a]nything which is injurious to
health, including, but not limited to, the illegal sale of controlled substances, or is indecent or
offensive to the senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property. . . .” (See City of Bakersfield v. Miller (1966) 64
Cal.2d 93, 99 [“The Legislature has defined in general terms the word 'nuisance' in Civil Code
section 3479. . . .”].)
14. Civil Code section 3480 defines a public nuisance as “one which affects at the same
time an entire community or neighborhood, or any considerable number of persons, although
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the extent of the annoyance or damage inflicted upon individuals may be unequal.” In
particular, drug dealing, loitering, consumption of alcohol and illegal drugs, and boisterous
conduct which creates a hooligan-like “atmosphere” constitutes a public nuisance. (People ex
rel. Gallo v. Acuna (1997) 14 Cal.4th 1090, 1120.)
15. Under Civil Code section 3491, the “remedies against a public nuisance are: 1.
Indictment or information; 2. A civil action; or, 3. Abatement.” “An abatement of a nuisance is
accomplished by a court of equity by means of an injunction proper and suitable to the facts of
each case.” (Sullivan v. Royer (1887) 72 Cal. 248, 249.)
16. Code of Civil Procedure section 731 authorizes a city attorney to bring an action to
enjoin or abate a public nuisance. It provides, in pertinent part, “A civil action may be brought
in the name of the people of the State of California to abate a public nuisance . . . by the city
attorney of any town or city in which the nuisance exists.” (Ibid.)
IV. THE NARCOTICS ABATEMENT LAW
17. Since its enactment in 1972, the principal purpose of the NAL (Health & Saf. Code, §
11570, et seq.) is the abatement of buildings and places “used for the purpose of unlawfully
selling, serving, storing, keeping, manufacturing, or giving away any controlled substance,
precursor, or analog specified in this division . . . .” (Health & Saf. Code, § 11570).
18. The NAL provides that every building or place used for the purpose of unlawfully selling,
serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor,
or analog inter alia, “is a nuisance which shall be enjoined, abated, and prevented . . . whether
it is a public or private nuisance.” (Health & Saf. Code, § 11570 (emphasis added); People ex
rel Lungren v. Peron (1997) 59 Cal.App.4th 1383, 1389; Lew v. Superior Court (1993) 20
Cal.App.4th 866, 870-871.)
19. Health and Safety Code section 11571 authorizes a city attorney to bring an action to
abate, prevent and perpetually enjoin such nuisances. It provides in relevant part: “Whenever
there is reason to believe that a nuisance as described in Section 11570 is kept, maintained, or
exists in any county, the district attorney of the county, or the city attorney of any incorporated
city or of any city and county, in the name of the people, may . . . maintain an action to abate
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and prevent the nuisance and perpetually to enjoin the person conducting or maintaining it,
and the owner, lessee, or agent of the building or place in or upon which the nuisance exists
from directly or indirectly maintaining or permitting the nuisance.”
20. Health and Safety Code section 11581 provides for, as a potential remedy, the removal
and sale of all fixtures and movable property on the premises used in aiding or abetting the
nuisance, and for the closure of the building for up to one year.
V. FIRST CAUSE OF ACTION FOR PUBLIC NUISANCE
[Civil Code section 3479, et seq.
Against All Defendants]
21. Plaintiff incorporates by reference Paragraphs 1 through 20 of this Complaint and
makes them part of this First Cause of Action as though fully set forth herein.
22. From January 10, 2019 to the present, the Property has been owned, operated,
managed and used, and/or directly or indirectly permitted to be occupied and used, in such a
manner as to constitute a public nuisance under Civil Code sections 3479 and 3480. The
public nuisance, as described herein, is injurious to health, indecent or offensive to the senses,
and/or an obstruction to the free use of property, so as to substantially and unreasonably
interfere with the comfortable enjoyment of life or property by those in the surrounding
community. The public nuisance consists of, but is not limited to: shootings; unlawfully armed
gang members at, and coming to and from, the Property; the illegal presence of firearms at the
Property; and the storage and sale of narcotics at the Property.
23. Defendant STEPANIAN, who owns and controls the Property, knew or should have
known of the nuisance, and has failed to take reasonable steps to prevent or abate it. As a
result of this failure and mismanagement of the Property, STEPANIAN has permitted and
allowed the Property to become a serious threat to the safety and welfare of persons in the
surrounding community.
24. Unless defendant STEPANIAN is restrained and enjoined by order of this Court, he will
continue to own and maintain the Property, together with the fixtures and appurtenances
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located therein, for the purpose complained of herein, to the great and irreparable damage of
the People, and in violation of California law.
VI. SECOND CAUSE OF ACTION FOR NARCOTICS ABATEMENT
[Health and Safety Code Section 11570, et seq. --
Against All Defendants]
25. Plaintiff hereby incorporates by reference paragraphs 1 through 24 of this Complaint
and makes them part of the Second Cause of Action, as if fully set forth herein.
26. Since at least January 2019, the Property has been, and continues to be, used to store,
distribute, and/or sell methamphetamine, in violation of Health and Safety Code section 11570,
et seq.
27. The Property has a reputation in the community and amongst law enforcement as place
where narcotics are stored, distributed, sold and/or used.
28. Defendant STEPANIAN is responsible for conducting, maintaining, and/or directly or
indirectly permitting the nuisance as alleged herein. Plaintiff has no plain, speedy, and
adequate remedy at law, and unless defendant STEPANIAN is restrained and enjoined by
order of this Court, he will continue to maintain or permit, directly or indirectly, the use,
occupation and maintenance of the Property, together with the fixtures and appurtenances
located therein, for the nuisance complained of herein, to the great and irreparable damage of
the public and in violation of California law.
PRAYER
WHEREFORE, PLAINTIFF PRAYS THAT THIS COURT ORDER, ADJUDGE, AND
DECREE AS FOLLOWS:
AS TO THE FIRST CAUSE OF ACTION
1. That the Property, together with the fixtures and moveable property therein and thereon,
be declared a public nuisance and be permanently abated as such in accordance with Civil
Code section 3491.
2. That defendant STEPANIAN, and DOES 1 through 50, and their agents, officers,
employees, and anyone acting on their behalf, and their heirs and assignees, be preliminarily
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and perpetually enjoined from operating, conducting, using, occupying, or in any way
permitting the use of the Property as a public nuisance. Such orders should include, but not
be limited to: termination of the tenancy of all current occupants at the Property; a requirement
that defendant STEPANIAN, and DOES 1 through 50, reside at the Property until the nuisance
is abated; and any such other orders as are appropriate to remedy the nuisance on the
Property.
3. That Plaintiff be granted such other and further relief as the Court deems just and
proper, including, if necessary, closure of the Property with monetary relocation assistance
paid by defendant STEPANIAN, and DOES 1 through 50, to qualified tenants, as provided by
applicable laws, rules and regulations.
4. Such costs as may occur in abating the nuisance at the Property and such other costs
as the Court shall deem just and proper.
AS TO THE SECOND CAUSE OF ACTION
5. That defendant STEPANIAN, and DOES 1 through 50, be declared in violation of Health
and Safety Code section 11570, et seq.
6. That the Property, together with the fixtures and moveable property therein and thereon,
be found to constitute a public nuisance and be permanently abated as such in accordance
with Section 11581 of the California Health and Safety Code.
7. That the Court grant a preliminary injunction, permanent injunction, and order of
abatement in accordance with Section 11570, et. seq., of the California Health and Safety
Code, enjoining and restraining defendant STEPANIAN, and DOES 1 through 50, and their
agents, officers, employees and anyone acting on their behalf, from unlawfully selling, serving,
storing, keeping, manufacturing, or giving away controlled substances on the Property, and/or
directly or indirectly maintaining or permitting such nuisance activity.
8. That the Court order managerial improvements to the Property in accordance with
California Health and Safety Code section 11573.5, and such orders as are otherwise
appropriate, to remedy the nuisance on the Property and enhance the abatement process,
including but not limited to, termination of the tenancy of all current tenants at the Property and
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a requirement that defendant STEPANIAN, and DOES 1 through 50, reside at the Property
until the nuisance is abated.
9. That as part of the Judgment, an Order of Abatement be issued, and that the Property
be closed for a period of one year, not to be used for any purpose, and be under the control
and custody of this Court for said period of time; or, in the alternative, if the Court deems such
closure to be unduly harmful to the community, that defendant STEPANIAN, and DOES 1
through 50, pay an amount of damages equal to the fair market rental value of the Property for
one year to the City or County in whose jurisdiction the nuisance is located in accordance with
Health and Safety Code section 11581 subdivision (c)(1).
10. That defendant STEPANIAN, and DOES 1 through 50, each be assessed a civil penalty
in an amount not to exceed twenty-five thousand dollars ($25,000.00).
11. That defendant STEPANIAN, and DOES 1 through 50, and their agents, trustees,
officers, employees and anyone acting on their behalf, and their heirs and assignees, be
perpetually enjoined from transferring, conveying, or encumbering any portion of the Property,
for consideration or otherwise, without first obtaining the Court’s prior approval.
12. That defendant STEPANIAN, and DOES 1 through 50, be ordered to immediately notify
any transferees, purchasers, commercial lessees, or other successors in interest to the subject
Property of the existence and application of any temporary restraining order, preliminary
injunction, or permanent injunction to all prospective transferees, purchasers, commercial
lessees, or other successors in interest, before entering into any agreement to sell, lease or
transfer the Property, for consideration or otherwise, all or any portion of the Property that is
the subject of this action.
13. That defendant STEPANIAN, and DOES 1 through 50, be ordered to immediately give a
complete, legible copy of any temporary restraining order and preliminary and permanent
injunctions to all prospective transferees, purchasers, lessees, or other successors in interest
to the Property.
14. That defendant STEPANIAN, and DOES 1 through 50, be ordered to immediately
request and procure signatures from all prospective transferees, purchasers, lessees, or other
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successors in interest to the subject Property, which acknowledges his/her respective receipt
of a complete, legible copy of any temporary restraining order, preliminary and permanent
injunction, at least 30 days prior to the close of escrow, and deliver a copy of such
acknowledgment to the Los Angeles City Attorney’s Office, c/o Deputy City Attorney Joseph L.
Gonzalez or his designee.
15. That the People recover the costs of this action, including law enforcement investigative
costs and any fees, including attorneys’ fees, authorized by law, not to exceed $1,000,000.00,
from defendant STEPANIAN and DOES 1 through 50.
16. That the People recover the amount of the filing fees and the amount of the fee for the
service of process or notices which would have been paid but for Government Code section
6103.5, designating it as such. The fees may, at the Court’s discretion, include the amount of
the fees for certifying and preparing transcripts.
17. That the People be granted such other and further relief as the Court deems just and
proper.
AS TO ALL CAUSES OF ACTION
18. That Plaintiff recover the amount of the filing fees and the amount of the fee for the
service of process or notices which would have been paid but for Government Code section
6103.5, designating it as such. The fees may, at the Court’s discretion, include the amount of
the fees for certifying and preparing transcripts.
19. That Plaintiff be granted such other and further relief as the Court deems just and
proper, including the appointment of a receiver to carry the Court’s judgment into effect.
//
//
//
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DATED: February 2, 2021
Respectfully submitted, MICHAEL N. FEUER, City Attorney JONATHAN CRISTALL, Assistant City Attorney By: /s/ Joseph L. Gonzalez_____ Deputy City Attorney Attorneys for Plaintiff, THE PEOPLE OF THE STATE OF CALIFORNIA
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