Hassell v. BirdAnnotate this Case
Attorney Hassell obtained a judgment holding Bird liable for defamation and requiring her to remove defamatory reviews she posted about Hassell on Yelp.com. The judgment contained an order requiring Yelp to remove Bird’s defamatory reviews from its site. Yelp, who was not a party in the defamation action, moved to vacate the judgment. The court of appeal affirmed denial of that motion, but remanded. The court concluded that Yelp is not “aggrieved” by the defamation judgment against Bird, but is “aggrieved” by the removal order; Yelp’s motion to vacate was not cognizable under Code of Civil Procedure section 6632; Yelp has standing to challenge the validity of the removal order as an “aggrieved party,” having brought a nonstatutory motion to vacate; Yelp’s due process rights were not violated by its lack of prior notice and a hearing on the removal order request; the removal order does not violate Yelp’s First Amendment rights to the extent that it requires Yelp to remove Bird’s defamatory reviews; to the extent it purports to cover statements other than Bird’s defamatory reviews, the removal order is an overbroad unconstitutional prior restraint on speech; and Yelp’s immunity from suit under the Communications Decency Act, 47 U.S.C. 230, does not extend to the removal order.