Can a victim of harassment bring a tort action under section 527.6 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from Yost v. Forestiere, 265 Cal.Rptr.3d 175, 51 Cal.App.5th 509 (Cal. App. 2020):

The legislative history for section 527.6 states that, under prior law, " a victim of harassment [could] bring a tort action based either on invasion of privacy or on intentional infliction of emotional distress. Where great or irreparable injury [was] threatened, such victim [could] obtain an injunction under procedures detailed in [section] 527(a). " ( Smith v. Silvey (1983) 149 Cal.App.3d 400, 405, 197 Cal.Rptr. 15.) In comparison, section 527.6 " would establish an expedited procedure for enjoining acts of "harassment," as defined, including the use of temporary restraining

[265 Cal.Rptr.3d 184]

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