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M.G. v. R.D.

2003 WL 21129878 (2003)

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M.G. v. R.D.

California Court of Appeal

2003 WL 21129878 (2003)

Facts

In 2002 M.G. (plaintiff) sought a temporary restraining order and an injunction prohibiting harassment against his ex-boyfriend, R.D. (defendant). At trial, M.G. introduced into evidence multiple emails that R.D. had allegedly sent, in which R.D. threatened to send sexually explicit videos that they had made together to M.G.’s friends and his Marine Corps unit. M.G. testified that he felt threatened by R.D.’s behavior and had moved in with friends because he no longer felt safe living alone. An expert witness testified that 14 emails M.G. had received were sent from R.D.’s computer. R.D. denied that he had authored the emails and claimed that someone else had accessed his computer. R.D. was unable to support his allegation by explaining who had access to his computer or how the access was obtained. The trial court concluded that there was no direct evidence that R.D. had authored the emails. However, the trial court granted M.G.’s request for relief on the ground that the emails constituted harassment and had come from R.D.’s computer. The trial court ordered that R.D. cease his harassing behavior and not come within 100 yards of M.G. R.D. appealed on the ground that M.G. had not established his harassment claim by clear and convincing evidence. R.D. also argued that the injunction violated his free speech under the First Amendment to the United States Constitution.

Rule of Law

Issue

Holding and Reasoning (Klein, J.)

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