Supreme Court of California

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Balboa Island Village Inn, Inc. v. Lemen, S127904

Following a trial at which it is determined that the defendant defamed the plaintiff, the court may issue an injunction prohibiting the defendant from repeating the statements determined to be defamatory. In a dispute raising defamation claims in which a permanent injunction was issued following trial prohibiting defendant-neighbor from repeating defamatory statements about plaintiff-inn, a court of appeals judgment reversing the injunction in part is affirmed as the injunction was overly broad, but it is clarified that a properly limited injunction prohibiting defendant from repeating statements about plaintiff that were determined at trial to be defamatory would not violate defendant's right to free speech.

Appellate Information

  • Decided 04/26/2007
  • Published 04/26/2007

Judges

  • MORENO, J.

Court

  • Supreme Court of California

Counsel

  • For Appellees:
  • D. Michael Bush, Los Angeles;  Erwin Chemerinsky, Durham, N.C.;   Sheppard Mullin Richter & Hampton, Gary L. Bostwick and Jean-Paul Jassy, for Defendant and Appellant., Dubia, Erickson, Tenerelli & Russo, Law Offices of J. Scott Russo and J. Scott Russo, Irvine, for Plaintiff and Respondent.
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