Cases

Trial court cases of suspected or confirmed abuse of 527.6 Civil Harassment Restraining Orders.

It appears that judges and commissioners across the state are crafting their own unauthorized orders.

Please send us more examples of abuse of 527.6.  We are especially interested in 527.6 abuse during neighbor with neighbor disputes about real property, easements, nuisance.

City of Reedley v Santillan

City abused 527.6 with an attempt to stop photography of police by a member of CopwatchSantillan filed an anti-SLAPP suit and won a substantial financial settlement.


Case 06CECG00303 Fresno

Buracchio v Watterson

Buracchio used Off-Highway Vehicles OHV in residential neighborhood.  Watterson videotaped children suspected of violating code.  SLAPP!  Watterson was forced to move from home due to continued harassment.  …

Mitchell v Ross

"We've heard about you guys and your wife's a dyke lesbian"

Motorcycle race track installed on small residential lot next to 20 year residents with peaceful lush garden backyard.  Defendants were doing exactly what code enforcement told them to do as explicitly described in the county code - produce evidence of their complaint in the form of photographs, video, audio recordings.

Judge Bert Swift and the Slapping Penis

Cases at Joshua Tree Court - Historical

Cases filed at the Joshua Tree Courthouse.  Cases that are not of type civil harassment are so noted in the title.

Petroff v. Lunetta 4th DAC, Div 2 Reversed in Part


Reversed for lack of evidence, and overbroad prohibiton.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

  Docket Number available at www.versuslaw.com

CITY OF LOS ANGELES v. ANIMAL DEFENSE LEAGUE et al.

527.8, the section that protects employees of corporation is subject to anti-SLAPP motion to strike.

CITY OF LOS ANGELES v. ANIMAL DEFENSE LEAGUE et al.

Filed 1/9/06

CERTIFIED FOR PUBLICATION

Nicole Richie v. Miguel and Arrivabene BS123460 and BS123459

SHEEHAN v. SKERSTON

Merely addressing directly to the plaintiff communications which offered mediated settlement and which demanded retraction of alleged defamation was deemed by the three justices of the appeal court to be sanctionable harassment by defendant.

SCHULTZ v. EDER 2010 - reversed, no substantial evidence

Filed 8/24/10  Schultz v. Eder CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

 

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b).

Bennett v. Sieverding - Neighborhood Code Dispute

Colorado case of property dispute with a town official writ large.

[ We have not fully researched whether the harassment statute used is strictly a "civil harassment".  However, the dynamics appear similar.]

Wisconsin v. Ferguson - Divorce Case Internet Take Down, Contempt of Court


UPDATE September 14, 2013:


Charges dropped!

FUCK FIRED COMMISSIONER GEORGESON


FUCK the "Justice" system of Wisconsin ( and similar ones)


update later ...


Right now Jill is exonerated! …

Martorano v. Fagan - jerk attorney backyard noisemaker

This appeal arises from a prolonged dispute between two neighbors in Malibu. After Dr. David Martoranos initial complaints about the noise from Attorney Barry Fagans barking dog, Fagan began a lengthy 

Martin v. Cruz - summarizes common understanding and misunderstandings about 527.6

Not deciding whether the R/O of this case was abusive, the appeal court offers a summary of its understanding of 527.6.  It misunderstands some points as it misinterprets other cases, e.g., discovery has not been ruled out by any appellate decision but some decisions have remarked that the time limitations make discovery unlikely.  …

Gilliland v. Bradshaw — summary of appealability of motion for reconsideration, deadlines for appeal

Gilliland v. Bradshaw, Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 2009


Authored by Cynthia Aaron

"In any event, even assuming Bradshaw's actions were motivated by an attempt to defend her property rights, neither 

Estrada v. DELHI COMMUNITY CENTER 527.6 ruling does not estop later discovery

Yet another judicial misstatement of whether discovery is available during a civil harassment trial. By 4DCA3 in 2009.  Estrada is a huge complicated case of lesbian attraction gone explosively bad in a workplace.  …

Young v Herbel

Sitting Town Councilwoman restrained with temporary TRO.  Plaintiff Young claimed her exotic animals were poisoned by Herbel.  Young's proof was that exotic animals would not have allowed anyone else but Herbel near them so it must have been the liberal minded Herbel who poisoned the animals.  …

James Hunley v. John Hardin - police complaints

(should be titled Hardin v. Hunley)

Mr. Hunley has quite a record for 527.6 actions. He appeals them and sometimes wins.

Hardin v. Hunley is a nuts case that prevents Hunley from complaining about police without approval from a judge.

Alonso v. Santos

Judge rejects restraining order request against Lathrop Mayor Santos,

By Jason CampbellReporter jcampbell@mantecabulletin.com 209-249-3544 POSTED  March 30, 2011 9:33 a.m.

TRACY – Lathrop Mayor Joseph “Chaka” Santos doesn’t have to worry about walking too close to the house of one of his neighbors anymore.

In Re Murelli v. Murelli

The Anthony and Allison Murelli divorce case is not a civil harassment case, however, an Internet takedown restraining order very similar to those common to civil harassment cases was issued as part of the Murelli divorce proceedings.  …

Parsa v. Erin Baldwin

Stern v. Rocha

Breaking as of March 27, 2012

Another easement dispute begets civil harassment order and criminal charges between neighbors.

From website of criminal defendant Javier Rocha is Innocent


Civil Harassment Order Issued 2009 by San Bernardino Superior Court:

Kimberlin v. Walker

Local judge vacates injunction against blogger; Other blogger censored

‘Great Day For The First Amendment’: Walker Wins Appeal Vs. Kimberlin Peace Order By David Hogberg July 05, 2012 4:50 PM ET

RINAURO -V- BROWN

Easy-to-get restraining orders don't serve justice HDS 10/21/2006



Case MCVMS07602 - RINAURO -V- BROWN 

PENIS SLAP JUDGE BERT L SWIFT PRESIDING

 

12/13/2006 

DOJ VALIDATION COMPLETE  

Not Applicable 

PFEFFERLE -V- HAGERMAN

Case CIVMS1200548 - PFEFFERLE -V- HAGERMAN 

Action:   

(Choose)11/05/2012 - OSC RE: HARASSMENT FILED BY ...10/09/2012 - EX PARTE HEARING RE: HARASSMENT10/04/2012 - EX PARTE HEARING RE: HARASSMENT


Elonis v. United States, 13-983

While the Elonis is not directly about civil harassment laws, it portends to resolve an issue that arises in civil harassment law: whether a person can be thrown in jail for “speech” when no evidence exists of the intention of the speaker.


Nothing contained herein is tendered as nor should it be considered as legal advice.  What is legal is not necessarily justice.  Almost all of reality is non-"published", ergo, what is legally affirmed is always a retarded misrepresentation of reality.   Use at your own risk!