A Deputy Sheriff (Mr. Evans) sued his wife (Mrs. Evans) for defamation, harassment, and invasion of privacy among other claims. Evans v. Evans (2008) 162 Cal.App.4th 1157. He moved for a preliminary injunction. The trial court granted it and entered an order enjoining her and her mother from: (1) publishing "false and defamatory statements" … [Read more...] about The Preliminary Injunction Is Dead
Injunctions
What Is An Injunction And Why Should You Care?
An injunction is a court order that requires someone to do something or prevents them from doing something. There are a few different types of injunctions, but I'm only going to discuss the two that apply to defamation cases.The first is a preliminary injunction. In California, in order to establish a preliminary injunction, a plaintiff must show: (1) a … [Read more...] about What Is An Injunction And Why Should You Care?
Can A Court Silence You For Life?
You may be under the mistaken impression that the only remedy for a defamation claim is monetary. Well, that was the case (essentially) until the California Supreme Court had something to say about it last year in Balboa Island Inn v. Lemen (2007) 40 Cal.4th 1441. The owner of a restaurant and bar sued a nearby resident for nuisance, defamation, and interference with … [Read more...] about Can A Court Silence You For Life?