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Balboa Island Village Inn v. Lemen

156 P.3d 339 (2007)

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Balboa Island Village Inn v. Lemen

California Supreme Court
156 P.3d 339 (2007)

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.)

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