California Court of Appeal

Reset A A Font size: Print

City of San Jose v. Garbett, H034424

Trial court's grant of multiple injunctions to the City of San Jose, its mayor, and other individuals, restricting defendant's conduct toward the mayor and City Council, are affirmed where: 1) it is clear that if the elements of section 527.8 are met by the expression of a credible threat of violence toward an employee, then that speech is not constitutionally protected and an injunction is appropriate; 2) the injunction was properly issues as, based on the plain language of the statute and the reasoning of both analogous cases and those involving intent-based statutes, the trial court properly found that defendant had uttered a credible threat within the meaning of section 527.8; 3) substantial evidence supports the trial court's finding that defendant posed a risk of future harm if she did not issue the injunction; and 4) defendant's overbreadth argument is rejected as an injunction was necessary to prevent irreparable harm to the identified City employees.

Appellate Information

  • Decided 11/24/2010
  • Published 11/24/2010

Judges

  • ELIA

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Cindy A. Diamond, Richard Doyle

Copied to clipboard