Balboa Island Village Inn v. Lemen
California Supreme Court
156 P.3d 339 (2007)
- Written by Sara Adams, JD
Facts
Balboa Island Village Inn (Balboa Island) (plaintiff) sued Anne Lemen (defendant) for defamation. Balboa Island did not request monetary relief but sought a judicial order to stop Lemen from repeating the false statements. At trial, the jury found Lemen defamed Balboa Island. The trial court issued a permanent injunction prohibiting the repetition of the false statements about Balboa Island. The injunction applied to Lemen, her agents, and anyone acting on her behalf, although no evidence suggested anyone associated with Lemen defamed or was likely to defame Balboa Island. The injunction prohibited repeating the defamatory statements to any third party and prevented Lemen from initiating contact with anyone Lemen knew to be a Balboa Island employee. The court of appeals overturned the permanent injunction. Balboa Island appealed.
Rule of Law
Issue
Holding and Reasoning (Moreno, J.)
Concurrence/Dissent (Kennard, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.