Legal Opinion

Balboa Island Village Inn, Inc. v. Lemen

California Supreme Court

Decided April 26, 2007No. S127904PublishedCited by 52 opinions

1Opinion of the Court

Opinion

MORENO, J.

Following a court trial in which defendant Anne Lemen was found to have repeatedly defamed plaintiff Balboa Island Village Inn, Inc., the superior court issued a permanent injunction prohibiting defendant from, among other things, repeating certain defamatory statements about plaintiff. For the reasons that follow, we hold that the injunction is overly broad, but that defendant’s right to free speech would not be infringed by a properly limited injunction prohibiting defendant from repeating statements about plaintiff that were determined at trial to be defamatory.

Facts

Aric…

2Cases cited37 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  4. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  5. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992

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3Cited by52 opinions

  1. Sindi v. El-MoslimanyCourt of Appeals for the First Circuit · 2018
  2. Kinney v. BarnesTexas Supreme Court · 2014
  3. California Chamber of Commerce v. CertCourt of Appeals for the Ninth Circuit · 2022
  4. R.D. v. P.M.California Court of Appeal · 2011
  5. St. James Healthcare v. ColeMontana Supreme Court · 2008

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