Opinion

Degrassi v. Cook

  • 127 Cal. Rptr. 2d 508
  • 29 Cal. 4th 333
  • 2002 Daily Journal DAR 13349
  • 58 P.3d 360
  • 19 I.E.R. Cas. (BNA) 564
Court
California Supreme Court
Filed
Nov 27, 2002
Status
Published
Author
Brown
On the bench
George, Brown
Cited by
34 cases
Authority
More cited than 11.0%

holding that a timely action for injunctive relief, if meritorious, would have adequately remedied the complained of conduct

How later courts described this case

  • holding that a timely action for injunctive relief, if meritorious, would have adequately remedied the complained of conduct
  • concluding 9 no cause of action for damages available for alleged violation of plaintiff’s right to free speech 10 under Article I, section 2(a)
  • city council member’s allegations that “threats, intimidation, and retaliation” by 8 defendants interfered with her free speech rights did not state a cause of action because “article 1, 9 section 2(a) [of the California Constitution] does not afford a right to seek money damages om 10 the circumstances presented”
  • noting that the abuse clause “implicitly contemplated the continued existence of a long- established common law action for defamation”

Written by the judges who cited it.

The opinion

BROWN, J., Concurring and Dissenting.

I concur in the majority’s determination that neither the language nor the history of article I, section 2, subdivision (a) of the California Constitution supports an intent on the part of the drafters to include a damages remedy for violation of our state free speech clause. For the reasons set forth in my concurring and dissenting opinion in Katzberg v. Regents of University of California (2002) 29 Cal.4th 300, 330-332 [ 127 Cal.Rptr.2d 482 , 58 P.3d 339 ], I would not consider any other basis for allowing a tort cause of action.

Baxter, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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