Civil Procedure -- 2003



Intel Corp. v. Hamidi   (California Supreme Court)

Mass e-mails as trespass to property

The California Supreme Court ruled 6/30/03 that sending thousands of e-mail messages to company employees is not a "trespass to chattels" under California law. To give rise to a cause of action, such e-mail must in some way damage or harm the company's computer server, and the messages in this case did not rise to that level. The only damage to the company was the cost required to deal with reactions to the content of the e-mail messages, but that was not damage to the computer system itself.

The NAM and 6 other groups had filed an amicus brief on 8/7/02 urging the court to rule otherwise. The former employee's e-mails questioned job security and the trustworthiness of supervisors, recruited for clandestine networks and pressured valued employees to quit their jobs. We argued that the company should have been able to obtain an injunction against the abusive e-mail. The NAM joined with the following groups in the brief: California Employment Law Council, California Manufacturers & Technology Association, eBAY, Inc. Information Technology Industry Council, Semiconductor Industry Association and Silicon Valley Manufacturing Group.