primary activities the commission of acts constituting the enjoined public nuisance, having a common name or common identifying sign or symbol and whose members individually or collectively engage in the acts constituting the enjoined public nuisance.” (Englebrecht, supra, 88 Cal.App.4th at p. 1261, italics added.) Thus, conduct not amounting to a gang crime under Penal Code section 186.22 may be the subject of an action to abate a nuisance. (Acuna, supra, 14 Cal.4th at p. 1119.)
A nuisance is “[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 . . . .” (Civ. Code, § 3479.) “A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons . . . .” (Id., § 3480.)
As described in the preceding section, in addition to criminal acts, individual Broderick Boys members vandalize property in the Safety Zone with gang graffiti and intimidate residents with their gang signs, tattoos, and red clothing. They also patrol the Safety Zone in small groups, thereby reinforcing their control of the area. The individual crimes are merely the more serious types of conduct used by the Broderick Boys to maintain control of their turf.
Defendants argue no evidence was presented to tie any particular gang member to the graffiti observed in the Safety Zone. However, while such a showing would be necessary to