A Superior Court judge agreed with the city of Lake Forest to shut down a day spa, saying that it has a history of providing sex for pay, is a public nuisance and has violated city code and state laws, officials said today.
The judge also found that the way ownership changed were shams. Ownership of the spa was transferred several times within the family. The judge said he does not recognize them as valid changes in ownership
City officials today call their win in this lawsuit against Lake Forest Bodycentre significant and say it bodes well for the city's current efforts to clear out medical marijuana dispensaries now operating illegally in the city.
"This case is significant for the city on several levels," said Jeffrey Dunn, a partner with Best, Best & Krieger who led the litigation. "The judge's ruling underscores the city's right and obligation to close businesses that are in violation of the law, create a public nuisance or are prohibited by the city's municipal code. Whether it's illegal drug distribution or a sex-for-pay business they are subject to court order to close as they create a public nuisance."
The city has been told by judge to prepare the final order. The spa could be closed within a couple of weeks, said Dunn. The spa is located at 23331 El Toro Road, Suite 110. The hearing was on Friday in Orange County Superior Court with Judge David R. Chaffee.
Roger Jon Diamond, who represented Bodycentre and has defended a number of adult businesses, said the judge's ruling was oral and that it is not final. He added the spa is now a chiropractic center.
Diamond, who recently defended a woman accused of killing homeless in alleys in Los Angeles County, said he believes a prior court ruling where a judge ruled in favor of the Bodycentre and against its landlord's efforts to evict, should be considered in the city's case.
"The city attorney argued they were not bound by that case," Diamond said. "We argued the landlord and city were on the same team therefore they were bound by the case."
Diamond said he plans to appeal the case.
Lake Forest Bodycentre is not affiliated with Bodycentre Costa Mesa LLC, which owns and operates Bodycentre Day Spa, located at 23702-B El Toro Road in The Orchard shopping center, and remains fully operational and licensed by the city.
Lake Forest Bodycentre has been the site of numerous undercover investigations focused on suspicion of prostitution, lewd conduct and illicit behavior.
An undercover investigation in 2006 by Orange County Sheriff deputies found several violations, including solicitation for prostitution, massage without a license, resisting arrest, operating a house of ill-fame, and disqualifying conduct.
The investigation led to the arrest of a female employee of the parlor, who was charged and convicted of prostitution. Based on the prostitution allegations, city officials revoked owner Charlie Abujudeh's operating license in spring 2007.
Abujudeh immediately transferred ownership to his sister-in-law, Julie Ho, and according to sheriff's reports, prostitution continued while Ho operated the establishment.
On November 1, 2007, the city sued to close the business.
"Just like the Bodycentre, marijuana stores violate state law, create a public nuisance and are prohibited by the city's municipal code," said City Attorney Scott Smith. "We are encouraged that this legal victory underscores the validity of the city's claim against the marijuana vendors."
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