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Reason
Reason
Politics
Eugene Volokh

Court Reverses Lawyer v. Lawyer Harassment Restraining Order Stemming from Litigation Disputes

In Hansen v. Volkov, decided Monday by the California Court of Appeal, in an opinion by Justice Dennis Perluss, joined by Justices John Segal and Gonzalo Martinez, the parties were opposing counsel in a divorce case:

Following an incident at Hansen's office relating to the canceled deposition of Volkov's client, … Hansen obtained a three-year civil harassment restraining order pursuant to Code of Civil Procedure section 527.6, protecting her, as well as her paralegal and office receptionist, from further harassment by Volkov and authorizing Volkov in connection with his representation of [his client] to contact Hansen only by United States mail or email and only for purposes of service of legal papers.

The alleged harassment consisted of "litigation-related emails and his appearance at Hansen's office for his client's deposition," and the appellate court held this wasn't enough to justify the order. First, as to the emails:

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