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VARIAN MEDICAL SYSTEMS, INC. v. DELFINO

No. H024214

6 Cal.Rptr.3d 325 (2003)

VARIAN MEDICAL SYSTEMS, INC., et al., Plaintiffs and Respondents, v. Michelangelo DELFINO et al., Defendants and Appellants.

Court of Appeals of California, Sixth District

As Modified on Denial of Rehearing December 12, 2003

Review Granted March 3, 2004.

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe, Lynne C. Hermle, Matthew H. Poppe, Menlo Park, Law Offices of Gerald Z. Marer, Gerald Z. Marer, San Jose, Farella, Braun & Martel, Douglas R. Young, San Francisco, Pillsbury Winthrop, Renee A. Jansen, Palo Alto, for Plaintiffs/Appellants Varian Medical Systems, Inc., et al.

Horvitz & Levy, Jon B. Eisenberg, Oakland, Jeremy B. Rosen, Law Offices of Randall M. Widmann, Randall M. Widmann, Palo Alto, for Defendant/Appellant Mary Day.

Horvitz & Levy, Jon B. Eisenberg, Oakland, Jeremy B. Rosen, Glynn P. Falcon, Palo Alto, for Defendant/Appellant Michelangelo Delfino.

PREMO, Acting P.J.

Defendants Michelangelo Delfino and Mary Day used Internet bulletin boards to post numerous derogatory messages about their former employer, Varian Associates, Inc. (Varian) and two Varian executives. Varian and the two executives sued. Defendants treated the lawsuit as a challenge to their constitutional right to free speech and responded with a flood of spiteful messages posted on hundreds of Internet bulletin boards. By the time of trial defendants...

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