Evans

Evans v. Evans

Good Law
162 Cal. App. 4th 1157·2008 Cal. App. LEXIS 689·76 Cal. Rptr. 3d 859·36 Media L. Rep. (BNA) 1814
Court of Appeal of CaliforniaMay 12, 2008D051144California5,144 words

Opinion

Opinion

Haller, J.

Thomas C. Evans (Thomas), a deputy sheriff, sued his former wife, Linda A. Evans (Linda), and Linda’s mother, alleging numerous causes of action, including harassment, defamation, and breach of privacy. The court then granted Thomas’s motion for preliminary injunction, and entered an order enjoining Linda and her mother from (1) publishing “false and defamatory statements” about Thomas on the Internet; (2) publishing “confidential personal information” about Thomas on the Internet; and (3) contacting Thomas’s employer (the San Diego County Sheriff’s Department (Sheriff’s Department)) “regarding [Thomas]” except to call “911 to report criminal conduct.”

Linda appeals from the order, raising numerous contentions. We conclude the preliminary injunction was overbroad and constituted an invalid prior restraint before trial. We thus reverse the order and remand for further hearing.

Our reversal should not be interpreted to mean that a court lacks authority to enjoin certain speech and/or conduct. Before trial and upon a proper showing, a court may prohibit a party from having contact with certain persons or from disclosing certain specified private information under narrowly…

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