California Code of Civil Procedure official online publication of the State
Civil Harassment Law - California Code 527.6
Criminal Stalking (related to 527.6 California Penal Code 646.9, Jury Instructions
Rules of issuing injunctions 527, notice required 528, undertaking required 529
Penalties for Violation of an order California Penal Code 273.6, summary, statute of limitation for a criminal prosecution Sections 802-803.
Minor under 12 can appear without counsel CCP 374(a)
some ideas about constitutionality of other restraining orders
If the goal of the Plaintiff is to stop public speech, or access to government,
an anti-SLAPP motion can be used.
Puthukkeril v. Allen - CH appeal
RADAR - fighting abuse of Domestic Violence laws
Stalking/Harassment Civil Protection Orders (CPOs) By State
http://www.justia.com/trials-litigation/docs/caci/1800/1808.html
Appellant Court Decisions are below - Both Published and Unpublished
Injunction Law Roundup published by MoreLaw
527.6 Text of Code
The text of the code at the date given. Check legislative history for information about each law which formed 527.6. Also includes clues to intent of law makers.
Effective January 1, 2011
EXCERPTS FROM CODE OF CIVIL PROCEDURE SECTION 525-534
525. An injunction is a writ or order requiring …Legislative History of 527.6
Preliminary results, not complete.
Under legislative history we include evidence of the intent of the …
Points and Authorities - Examples
"Points and Authorities" is the name for summaries of laws and past interpretations of laws pertinent to a particular case. They are submitted for the judge and litigants to read and review to help decide a case. …
Opinions of Significance
The following are cases for research. Not all are "published" for citation in a court action, however, all are useful material for study of how courts are interpreting 527.6 law.
Adler v. Vaicius 1993, Meaning of Dismissal with prejudice; Prevailing Party
THERESA ADLER, Plaintiff and Appellant,
v.
DION VAICIUS, …
Balboa Village Inn v. Lemen—SCOC - only specific defamation can be enjoined only after proof
Brekke v. Wills—Teenage Lovers Separated
This 2005 case is widely cited for some odd reasons. Unfortunately, it has much in the way of sloppy …
Brisi v. Wallimann - Easements; Firearms order removed by DCA
Brisi v. Wallimann
California Court of Appeals
UNPUBLISHED, 2001 WL 1674575
December 24, 2001
Summary …
Byers v. Cathcart - not for property or parking disputes
Byers v. Cathcart, 57 Cal. App. 4th 805 - Cal: Court of Appeals, 2nd Appellate Dist.,
This is a highly …
City of San Jose v. Webster
For many years Webster accused a police officer of corruption. Then he attempted to subpoena her. …
Diamond View Limited v. Herz (1986) 180 Cal.App.3d 612 [225 Cal.Rptr. 651]
Determined that corporations are not persons as used in 527.6 . The legislature later created a new …
Dykstra v. Jones
Dykstra v. Jones, Case No. B198079 (2d Dist., Div. 6 Aug. 21, 2008)
Ensworth v. Mullvain - cited case; on appeal "clear and convincing" disappears; actual damages are required.
"If, however, we interpret the court's comments to mean that no finding of actual damages had to be …
FREEMAN v. SULLIVANT - continuance not a right
Section 527.6 Does Not Create a Mandatory Right to a Continuance.
| Freeman, Tina : … |
Galella v Onassis - U.S. Appeals - Photography Harassment
Ronald E. GALELLA, Plaintiff-Appellant, v. Jacqueline ONASSIS, Defendant-Appellee, John Walsh et al., …
GDOWSKI v. GDOWSKI Published 2009 - aggression by attorney can not be reason for restraint. 4th DCA
Filed 6/23/09
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE …
Grant v. Clampitt - playing a radio gets restraining order!
A noisy radio and a long-simmering feud between an elderly woman and her former landlord. 1995
HILL v. HILL, 79 Cal.App.2d 368 (1947) - advisory opinion and mootnesss
Since injunctions arising from 527.6 expire, the issue of mootness often arises at the appeal level. …
In re Angelia P. 1981- Clear and Convincing Defined
In re Angelia P. , 28 Cal.3d 908 - cited by
[S.F. No. 24184. Supreme Court of California. February …
Johnson v. Arlotta
Really bad decision filed 12/12/2011 from Minnesota which misinterprets and expands scope of previous …
Kaiser Foundation Hospitals v. Wilson
On the Road to Restoring Spectral Evidence to California Courts
Judge Richard S. Whitney and Associate …
Krell v. Gray
Filed 2/16/05
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE …
KRUG v MASCHMEIER - attorney fees to prevailing defendant, Published Appeal
Filed 3/25/09
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
…
Kuzmich v Mexican Political Association
A humongous set of actions pitting teachers at a middle school who were under siege by a political action …
Laswell v. Laswell - Denial of Petition Right - UNPUBLISHED abuse by the Third DCA 8/3/2010
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte)
----
VIRGINIA L. LASWELL, … |
Malatka v. Helm
Rules of appealing request to modify and reconsideration.
================
Filed 9/29/10
…
McHolick v. Rubino
A rare full reversal due to the fact the main act of interest was NOT directed to the plaintiff at all, …
Mitchell v. Juarez - due process
Filed 12/2/11 Michell v. Juarez CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of …
Nebel v. Sulak
1
Filed 8/4/99
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH DISTRICT
DIVISION TWO…
Nora v. Kaddo - Due Process required
Defendants argue that the procedures applicable to
California Code of Civil Procedure § 527.6 are …
R. D. v. P. M.
Danelski (R.D.) v. Mayans (P.M.) at the trial level
Note: the AOB of the unrelated …
Rainey v. Kaufman
PDF from DCA record
The AOB was co-authored a retired Appellate Justice and argues that R.D. v. P.M. …
Ray v. Kent,
Commentary about "Losing Plaintiff In Civil Harassment Case Hit With $1,000 In Attorney’s Fees And $…
Robert O'BRIEN vs. Alan BOROWSKI
Massachusetts Supreme Judicial Court SJC-10866
Middle finger salute can be part of harassment of police …
Russell v Douvan - future harm required
Filed 9/30/03
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST …
Schild v. Rubin (1991) - the BIG MAMA of Abuse of 527.6
Schild v. Rubin(1991) 232 Cal.App.3d 755 , 283 Cal.Rptr. 533
[No. B052727. Second Dist., Div. Five. …
Schraer v. BERKELEY PROPERTY OWNERS'ASSN
Schraer v. Berkeley Property Owners' Assn. (1989) 207 Cal.App.3d 719 [255 Cal.Rptr. 453]
Schraer v. Berkeley …
Sheldon Appel Co. v. Albert & Oliker (1989) 527.6 is not basis for a claim of malicious prosecution.
According to published case Siam v. Kizilbash
"We conclude that pursuant to the policy enunciated in …
Siam v Kizilbash - malicious prosecution barred
Cite as: 130 Cal.App.4th 1563, 31 Cal.Rptr.3d 368
Cited by Benchguide [§20.60] Subsequent Malicious …
Smith v. Hance 11/10/2009—Motions to Augment
Shortly before filing their brief on appeal, respondents moved to augment the appellate record with (…
Sweeney v. Barker
A rare reversal with an interesting footnote 2 about refusing to declare the appeal moot citing In …
Thomas v. Quintero - established anti-SLAPP can be used to strike a civil harassment 527.6 complaint, discusses lack of discovery
If the purpose of the civil harassment application is to stop Free Speech or access to government, if …
USA v Cassidy
Major Federal opinion regarding First Amendment protection of Twitter and BLOGS free speech and harassment …
Villarreal v. Gimbel UNPUBLISHED
This case is interesting because even as the appellant claimed First Amendment protection, the appeal …
Violations of Restraining Order
One lawyer's interpretation of what constitutes a violation of a restraining order. Restrained person "…
Walker v. Birmingham 388 U.S. 207 (1967) - Collateral Bar Rule prohibits violation of unlawful order.
Walstad v. Franks - NOT PUBLISHED
Filed 7/27/10 Walstad v. Franks CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits …
Waters v. Munoz - describes De Novo; attorneys fees
Filed 6/21/10 Waters v. Munoz CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, …
Wolff v. Kemp - fees to prevailing defendant
CCP Section 527.6(i) “Prevailing Party” Language Is Broad, Rules the First District.
Code of Civil …
Zarate v. Manuel - Appeal Costs Deadline Extended by 1013
Zarate v. Manuel, Case No. A125662 (1st Dist., Div. 4 Mar. 30, 2010) Unpublished
Other tidbits of law and practice
Court News 1998 - San Bernardino Mediation of Civil Harassment page 5
1200 referrals Cecilia Lowe
Deprivation of Civil Rights - 42 U.S.C. § 1983 - as it was with the battle for civil rights, local courts are often not at the front of protecting the constitutional rights of citizens. …
Consolidate cases at Appeal Level
Unpublished Opinion Non-Citation Rules
California rules of court prevent citation to unpublished opinions. The rule is highly controversial as it contributes to non-uniform application of the law.
A. Kozinski and S. Reinhardt, “Please Don’t Cite This!” …
Bench Guide for Civil Harassment
California Judges Bench Guides advise judges and the public of the rules and best practices of presiding in court. Bench Guides are highly influential official publications written by the judicial system and judges presume them to be credible reference sources.
…
527.6 a Deviation
No jury trial
Not enough time for discovery
Lack Malicious Prosecution remedy
Attorney's Fees
No notice or service required for the ex-parte TRO
(mandatory forms which encourage little or no description of conduct alleged,
…