Garbett

City of San Jose v. Garbett

Good Law
118 Cal. Rptr. 3d 420·190 Cal. App. 4th 526·2010 Cal. App. LEXIS 2003
Court of Appeal of CaliforniaNovember 24, 2010No. H034424California7,443 words

Opinion

Lead Opinion

Elia, J.

Appellant William Garbett seeks review of multiple injunctions granted to the City of San Jose (City) pursuant to Code of Civil Procedure section 527.8. 1 Appellant contends that the orders, which restricted his *530 conduct toward the mayor and city council, violated his constitutional rights to free speech, were not supported by sufficient evidence that he had made a credible threat, and were overbroad. We find no error and therefore will affirm the orders.

Background

Appellant describes himself as a “civic-minded gentleman with a penchant for following city government.” His civic-mindedness brought him to city hall in San Jose numerous times over many years. He was well known there; he attended city council meetings almost every week, election meetings, and “rules in open government committee” meetings. At city hall meetings he regularly spoke during the “public comment” period, “always with reference to something negative impacting him or the City or that he’s just not in agreement with.”

Encounters with Pimentel

Nora Pimentel, a deputy city clerk, was familiar with appellant, as he not only had attended meetings at city hall, but had come to the city clerk’s…

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