From Theft to Invasion of Privacy and Relentless Harassment: Using the Law to Fight Pure Malice
We are proud to share the following story of a recent victory for our client we feel demonstrates our versatility as business lawyers and relentless commitment to advocate for our clients.
Several years ago, we prevailed in a trial where our client sued his former business partner for breach of oral contract and quiet title in connection with a joint real estate venture. Shortly after the ruling, the former partner stole funds from a joint account, forcing us to file a new lawsuit for conversion.
What unfolded next was devastating for our client. A few months into the case, the former partner launched a vicious campaign to harass our client and his family to destroy their reputation and peace of mind. The former partner created a website, social media accounts, and a fully produced podcast series centered around our client and his family and accusing them of corruption and other heinous claims and publicly disclosing sensitive private financial information.
We amended the lawsuit to add in claims for invasion of privacy, defamation and intentional infliction of emotional distress. Unfortunately, this occurred at the height of COVID, causing the court to delay all trial proceedings. Nevertheless, we acted immediately to halt the malicious conduct against our client.
Preliminary Injunction Despite Free Speech Defenses 𓍝
One of the applicable mechanisms we sought was a preliminary injunction. In law, a preliminary injunction is a court order preventing certain conduct until final resolution at trial. Unfortunately, it is extremely difficult to secure an injunction against speech as California courts have historically denied these injunctions (prior to full resolution of the merits at trial) due to heightened First Amendment rights protections. Despite the heightened burden, we convinced the judge to grant the preliminary injunction through compelling facts and strategic legal arguments. Not only did the judge order the former partner to cease the harassment, but she also ordered that all the disparaging content posted online be immediately taken down. This initial victory provided much-needed relief for our client and his family amidst the ongoing torment.
Securing Justice and Long-Term Protection 📝
After a series of litigation strategies including motions for contempt for violation of the court’s orders, we secured a final judgment for our client awarding him substantial monetary damages for invasion of privacy, defamation, and intentional and malicious harassment, as well as damages for the initial conversion claim. More importantly, we secured a permanent injunction against the former partner from contacting him or his family and posting anything about them online or otherwise.
Notably, the former partner filed for bankruptcy to attempt to discharge judgment. In response, we initiated an Adversary proceeding in the bankruptcy court to fight the discharge on the grounds that judgments based on intentional misconduct like theft and harassment should not be discharged. We now have a pending motion for summary judgment for the Adversary case, and we are hopeful of securing a favorable ruling and thereby denying the discharge.
WG LLP – Protecting Your Interests!
This case exemplifies our versatility as business attorneys and advocates for our clients. Litigation often presents curve balls necessitating pivots in plans and strategy. In the end, we represent clients the way we would want to be represented- with diligent and professional advocacy, curated strategy and a committed drive to provide value and achieve goals.