Paradise Hills Associates v. Procel

In Paradise Hills Associates v. Procel (1991) 235 Cal.App.3d 1528, the unhappy purchaser of a new home posted signs in her yard complaining about the developer and on two weekends passed out leaflets in front of the model homes and spoke to prospective buyers trying to discourage them from buying homes. The developer sought and was granted a preliminary injunction. The injunction was not issued under section 527.6, but rather, as preliminary relief in a lawsuit for interference with business interests. Reviewing the traditional balancing factors, the Court of Appeal reversed on the ground the content based preliminary injunction unduly interfered with the defendant's speech rights, which were not overridden by any other factors. (Paradise Hills Associates v. Procel, at pp. 1542-1547.)