Byers

Byers v. Cathcart

Good Law
1997 Cal. App. LEXIS 722·57 Cal. App. 4th 805·67 Cal. Rptr. 2d 398·97 Daily Journal DAR 11840·97 Cal. Daily Op. Serv. 7357
Court of Appeal of CaliforniaSeptember 11, 1997B100260California2,460 words

Opinion

Opinion

Zebrowski, J.

This appeal concerns an injunction issued pursuant to Code of Civil Procedure section 527.6 (section 527.6.) Section 527.6 is a specialized statute providing an expedited procedure for issuance of limited-scope and limited-duration injunctions in instances of “harassment.” The term “harassment" is narrowly defined in section 527.6. Among other aspects of the definition, the complained-of conduct must have “no legitimate purpose” in order to constitute “harassment." (§ 527.6, subd. (b).)

The complained-of conduct which generated this appeal was parking a car along the side of a driveway. Although the order appealed from contains many provisions, and the appeal is generally stated as an appeal from the entire order, the only provision attacked in the briefing is the provision enjoining plaintiff from parking along the side of the driveway. We therefore focus on whether, under the facts of this case, plaintiff could properly be enjoined pursuant to section 527.6 from parking along the side of the driveway.

Plaintiff has an easement to use the driveway. The scope of the use authorized by the easement is in dispute. It can hardly be disputed, however, that parking a car is a…

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