On April 29, 2004, second-year law student JuNelle Harris, LLM student
Ohad Mayblum, and clinic director Jennifer Granick appeared in the Santa
Clara County Superior Court on behalf of John Doe, asking the court to
quash Homeward's subpoenas to Yahoo! for his personal information and that
of co-defendant Jack Doe. JuNelle Harris gave the oral argument. Opposing
counsel Jay F. Stocker, who appeared telephonically, did not argue that
any of the statements in the email at issue were false, but repeated some
of the red herrings, unrelated to the underlying defamation complaint,
that first appeared in Homeward's Opposition to this motion. The Honorable
Patricia Lucas then ruled that the First Amendment rights of both John Doe
and Jack Doe were implicated by Homeward's subpoenas, and that Homeward
had failed to make a prima facie showing of a valid discovery need that
was sufficient to overcome defendants' constitutional rights. She ordered
that the subpoenas for the information of both defendants be quashed.
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