Procedural Posture

Procedural Posture

Plaintiff religious foundation appealed from a judgment of the Superior Court of San Joaquin County (California), which denied plaintiff damages in its action to enjoin defendant publisher from publishing certain literary works. Defendant appealed the injunction, alleging that the injunction violated defendant’s rights of freedom of speech and press, U.S. Const. amend. I.

Nakase Law Firm defines breach of contract elements California


Plaintiff compiled and owned certain literary works pertaining to the Christian Science religion. Defendant, then a resident of Great Britain, contacted plaintiff about the works and plaintiff presented defendant with the literary works. As a condition for receiving the materials, defendant agreed that the materials would be made available only to qualified students of the religion, and by mutual agreement, defendant established an enterprise in Great Britain for that purpose. When defendant began selling the materials to the public, plaintiff initiated suit seeking to enjoin defendant’s activities. The trial court granted the injunction, ordered that defendant return to plaintiff the unsold copies of the materials, but denied plaintiff damages. On appeal the court affirmed, holding that because defendant obtained the material by contract, he was properly enjoined from publishing the materials. Further, because plaintiff neither demanded an accounting nor presented evidence as to damages, plaintiff was properly denied monetary damages.


The court affirmed the judgment.

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Procedural Posture

Procedural PostureProcedural Posture

Plaintiff, a dealer in photographic processing equipment, appealed from a post-judgment order of the Superior Court of Santa Clara County (California), which awarded defendant manufacturer damages, costs and attorney fees