BALBOA ISLAND VILLAGE INN, INC. v. LEMEN

No. S127904.

57 Cal.Rptr.3d 320 (2007)

40 Cal.4th 1141

156 P.3d 339

BALBOA ISLAND VILLAGE INN, INC., Plaintiff and Respondent, v. Anne LEMEN, Defendant and Appellant.

Supreme Court of California.

As Modified April 26, 2007.


Attorney(s) appearing for the Case

D. Michael Bush, Los Angeles; Erwin Chemerinsky, Durham, N.C.; Sheppard Mullin Richter & Hampton, Gary L. Bostwick and Jean-Paul Jassy, for Defendant and Appellant.

Dubia, Erickson, Tenerelli & Russo, Law Offices of J. Scott Russo and J. Scott Russo, Irvine, for Plaintiff and Respondent.


MORENO, J.

Following a court trial in which defendant Anne Lemen was found to have repeatedly defamed plaintiff Balboa Island Village Inn, Inc., the superior court issued a permanent injunction prohibiting defendant from, among other things, repeating certain defamatory statements about plaintiff. For the reasons that follow, we hold that the injunction is overly broad, but that defendant's right to free speech would...

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