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· 9/20/1999

Ferlauto v. Hamsher

Citations

  • 88 Cal. Rptr. 2d 843
  • 74 Cal. App. 4th 1394
  • 99 Daily Journal DAR 9903
  • 99 Cal. Daily Op. Serv. 7829
  • 27 Media L. Rep. (BNA) 2364
  • 1999 Cal. App. LEXIS 850

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that statements that the judge “laughed at their motion” and “thought their motion was a joke” merely provided “colorful descriptions of the incontestable fact that the court indeed denied [the] motion.”
  • “If the court concludes the statement could reasonably be construed as either fact or opinion, the issue should be resolved by a jury.”
  • use of curse words such as motherfucker are epithets and subjective expressions of disapproval devoid of any factual content
  • “[T]he numerous descriptions of the lawsuit and the motion as ‘stupid,’ ‘laughed at,’ ‘a joke,’ ‘spurious,’ and ‘frivolous,’ are common characterizations which are nothing more than ‘the predictable opinion’ of one side to the lawsuit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boren

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.