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Injunctions Sought in SLAPPs

 

An injunction is a writ or order requiring a person to refrain from a particular act.

Sound familiar?

Injunctions or temporary restraining orders are commonly sought in SLAPPs. Although not all lawsuits seeking an injunction are subject to the anti-SLAPP law, if you’ve been sued and the lawsuit seeks a temporary restraining order or injunction against First Amendment activity, you may well have been SLAPPed.

The case below is an example of a SLAPP where CASP successfully defended a client in a case where the plaintiff sought injunctive relief against civil harassment.

Thomas v. Quintero
(2005, 1st District – 126 Cal.App.4th 635, 24 Cal.Rptr.3d 619)

Our client, John Quintero, was part of organized public protests against Richard Thomas, his landlord. After Quintero and others appeared at Thomas’s church, Thomas filed a petition against Quintero seeking injunctive relief against civil harassment (per Code of Civil Procedure section 527.6). Quintero filed an anti-SLAPP motion, which the trial court denied. The appellate court reversed, holding that the anti-SLAPP law may apply to a section 527.6 petition to enjoin civil harassment and the plaintiff had not shown that the lawsuit had any merit.

The information on this website is not, nor is it intended to be, legal advice. The information here is meant to provide general information to the public.

Site last updated August 29, 2014 @ 11:54 am; This content last updated July 29, 2014 @ 9:51 am