Shaffer

Shaffer v. Sage CA1/5

Good Law
Court of Appeal of CaliforniaJune 18, 2015A143675California554 words

Opinion

Opinion

DISCUSSION

The Legislature enacted section 527.6 “‘to protect the individual’s right to pursue safety, happiness and privacy as guaranteed by the California Constitution.’ [Citations.] It does so by providing expedited injunctive relief to victims of harassment. [Citation.]” (Brekke, supra, 125 Cal.App.4th at p. 1412; Thomas v. Quintero (2005) 126 Cal.App.4th 635, 648.) Section 527.6 enables “[a] person who has suffered harassment” — defined as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose” — to seek “an injunction prohibiting harassment as provided in this section.” (§ 527.6, subds. (a)(1), (b)(3).) “The course of conduct must be such as would cause a

2 reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress” to the party seeking the injunction. (§ 527.6, subd. (b)(3).) A judge may issue an injunction pursuant to section 527.6 upon “clear and convincing evidence that unlawful harassment exists[.]” (§ 527.6, subd. (i).) We uphold the injunction if there…

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