# Degrassi v. Cook

> California Supreme Court · November 27, 2002 · 127 Cal. Rptr. 2d 508

URL: https://www.frixlaw.com/law-library/cases/9784187

## Case

- **Full name:** CHRISTINE DEGRASSI, Plaintiff and Appellant, v. ARTHUR COOK, as City Manager, Etc., Et Al., Defendants and Respondents
- **Court:** California Supreme Court
- **Decided:** November 27, 2002
- **Citations:** 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; 2002 Cal. Daily Op. Serv. 11513; 2002 Cal. LEXIS 8098
- **Precedential status:** Published
- **Opinion:** Concurring in part by Brown
- **Judges:** George, Brown
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9784187

## How later opinions describe it (automated extraction)

- 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)
- noting that the abuse clause “implicitly contemplated the continued existence of a long- established common law action for defamation”
- noting that the abuse clause “implicitly contemplated the continued existence of a long-established common law action for defamation”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9784187. Public record. Not legal advice.