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For more than two years, Lemen parked across from the Inn at least one day each weekend and made videotapes for hours at a time. The Village Inn introduced evidence that Lemen's actions were far more intrusive. According to Lemen, she made these videotapes while on her own property, although she acknowledged that, on one occasion, she parked her Volkswagen bus across from the Inn and videotaped from there.
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In an effort to document these abuses, Lemen videotaped the Inn approximately 50 times. Lemen is a vocal critic of the Village Inn and has contacted the authorities numerous times to complain of excessive noise and the behavior of inebriated customers leaving the bar. She lives there part of the time and rents the cottage as a vacation home part of the time. In 1989, defendant Anne Lemen purchased the “Island Cottage,” which lies across an alley from the Village Inn. He bought it on November 30, 2000, but the Village Inn has been operating at that location for more than half a century.
#Rocky balboa speech to court trial#
For the reasons that follow, we hold that the injunction is overly broad, but that defendant's right to free speech would not be infringed by a properly limited injunction prohibiting defendant from repeating statements about plaintiff that were determined at trial to be defamatory.Īric Toll owns and manages the Balboa Island Village Inn, a restaurant and bar located on Balboa Island in Newport Beach. Scott Russo, Irvine, for Plaintiff and Respondent.įollowing a court trial in which defendant Anne Lemen was found to have repeatedly defamed plaintiff Balboa Island Village Inn, Inc., the superior court issued a permanent injunction prohibiting defendant from, among other things, repeating certain defamatory statements about plaintiff. Dubia, Erickson, Tenerelli & Russo, Law Offices of J. Bostwick and Jean-Paul Jassy, for Defendant and Appellant. Sheppard Mullin Richter & Hampton, Gary L. Michael Bush, Los Angeles Erwin Chemerinsky, Durham, N.C. BALBOA ISLAND VILLAGE INN, INC., Plaintiff and Respondent, v.