Cease and Desist Letter — General (California)

CALIFORNIA CEASE AND DESIST LETTER — GENERAL PURPOSE

Critical California Practice Warnings (Read Before Sending)

1. Anti-SLAPP exposure (Cal. Code Civ. Proc. § 425.16). A cease and desist letter in California may itself be construed as "protected activity" when it references a dispute over a matter of public concern or constitutes a threat that forms the basis of a counter-claim (intentional interference, abuse of process, extortion-adjacent conduct). Do not overreach, do not threaten criminal prosecution to gain civil advantage (Cal. R. Prof. Conduct 3.10; Flatley v. Mauro, 39 Cal. 4th 299 (2006)).

2. Litigation Privilege (Cal. Civ. Code § 47(b)). Pre-litigation communications made in good-faith anticipation of litigation seriously contemplated are absolutely privileged under Rubin v. Green, 4 Cal. 4th 1187 (1993), and Action Apartment Assn. v. City of Santa Monica, 41 Cal. 4th 1232 (2007). Preserve the privilege by framing the letter as a pre-litigation notice and by actually contemplating litigation in good faith.

3. Defamation claim prerequisite (Cal. Civ. Code § 48a). For a libel claim against a news publisher, the plaintiff must serve a written demand for correction within 20 days after knowledge of the publication in order to recover general or exemplary damages. If this letter concerns defamation by a news medium, it must satisfy § 48a's form and service requirements.

4. Do not demand that the recipient retract truthful speech. That may constitute a SLAPP-eligible chill on protected speech.

5. Civ. Code § 3344 (right of publicity). If the grievance involves unauthorized commercial use of name, voice, signature, photograph, or likeness, cite § 3344 directly and demand actual damages, profits, and minimum $750 statutory damages.

SENDING ATTORNEY / LETTERHEAD

[LAW FIRM NAME]
[CA BAR NO. ____________________]
[STREET ADDRESS]
[CITY], California [____]
Telephone: [____________________]
Email: [____________________]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND EMAIL

Date: [__/__/____]

[RECIPIENT NAME]
[RECIPIENT TITLE / ENTITY]
[STREET ADDRESS]
[CITY, STATE, ZIP]

Re: Cease and Desist — [BRIEF DESCRIPTION OF CONDUCT]; Pre-Litigation Notice Under California Law

Dear [RECIPIENT]:

This firm represents [CLIENT NAME] ("Client") in connection with the matter described below. This letter constitutes a formal pre-litigation cease and desist demand. It is sent in good-faith anticipation of civil litigation seriously contemplated if you do not comply with the demands set forth herein, and is accordingly protected by the California litigation privilege under Cal. Civ. Code § 47(b).

1. Factual Background

On or about [__/__/____], Client became aware that you have engaged in the following conduct (the "Wrongful Conduct"):

[________________________________________________________________]
[________________________________________________________________]
[________________________________________________________________]

This conduct has occurred in [____________________] County, California, and has harmed Client within California, establishing personal jurisdiction and venue in California state court under Cal. Code Civ. Proc. §§ 395, 410.10.

2. Legal Claims Arising Under California Law

Client's investigation supports one or more of the following claims against you:

☐ Violation of the California Uniform Trade Secrets Act (CUTSA), Cal. Civ. Code §§ 3426–3426.11. Your conduct constitutes actual or threatened misappropriation of Client's trade secrets, entitling Client to injunctive relief under § 3426.2, actual damages and unjust enrichment under § 3426.3, exemplary damages up to twice the actual damages for willful and malicious misappropriation under § 3426.3(c), and reasonable attorney fees under § 3426.4.

☐ Unfair Competition Law (UCL), Cal. Bus. & Prof. Code § 17200 et seq. Your conduct is unlawful, unfair, and/or fraudulent within the meaning of § 17200, exposing you to injunctive relief and restitution under § 17203, and civil penalties up to $2,500 per violation under § 17206.

☐ False Advertising Law, Cal. Bus. & Prof. Code § 17500. Your statements concerning [____________________] are untrue or misleading and were known, or by exercise of reasonable care should have been known, to be untrue or misleading.

☐ Right of Publicity, Cal. Civ. Code § 3344. Your unauthorized commercial use of Client's name, voice, signature, photograph, or likeness entitles Client to actual damages, disgorgement of profits, and minimum statutory damages of $750 per violation, plus attorney fees.

☐ Common Law Trademark / Trade Dress Infringement under California common law and statutory claims under Cal. Bus. & Prof. Code § 14200 et seq.

☐ Defamation. Your false statements of fact concerning Client are actionable under California common law. If you are a news medium or publisher, this letter also serves as a formal demand for correction pursuant to Cal. Civ. Code § 48a. You must publish a correction in substantially as conspicuous a manner as the original publication within twenty-one (21) days of service of this notice.

☐ Interference with Contract / Prospective Economic Advantage under Quelimane Co. v. Stewart Title Guaranty Co., 19 Cal. 4th 26 (1998), and Korea Supply Co. v. Lockheed Martin Corp., 29 Cal. 4th 1134 (2003).

☐ Other: [________________________________]

3. Demands

Client demands that you, within [FIVE (5)] calendar days of your receipt of this letter:

3.1 Immediately cease and desist all Wrongful Conduct, directly or indirectly, and cause any affiliated persons or entities under your control to do the same;

3.2 Remove, retract, or disable public access to all materials, publications, or postings constituting, describing, or derived from the Wrongful Conduct;

3.3 Preserve all evidence — including all documents, emails, text messages, social media posts, electronically stored information, metadata, backup media, and tangible items relating to the Wrongful Conduct. This letter constitutes a formal litigation hold notice. Failure to preserve evidence may subject you to spoliation sanctions under Cedars-Sinai Medical Center v. Superior Court, 18 Cal. 4th 1 (1998), and evidentiary presumptions under Cal. Evid. Code § 413;

3.4 Provide written confirmation, signed under penalty of perjury under California law (Cal. Code Civ. Proc. § 2015.5), that you have complied with paragraphs 3.1–3.3; and

3.5 Identify all third parties to whom you have disclosed, transmitted, or licensed any materials relating to the Wrongful Conduct.

4. Consequences of Non-Compliance

If you fail to comply by [__/__/____], Client is prepared to file suit in the Superior Court of California, County of [____________________] (or the United States District Court for the [____________________] District of California where federal jurisdiction exists), seeking:

• A temporary restraining order and preliminary injunction under Cal. Code Civ. Proc. § 527;
• Compensatory and consequential damages;
• Restitution and disgorgement under Cal. Bus. & Prof. Code § 17203;
• Exemplary damages where authorized (including Cal. Civ. Code § 3426.3(c) and Cal. Civ. Code § 3294);
• Prejudgment interest at 10% per annum under Cal. Civ. Code § 3289(b);
• Attorney fees and costs, where recoverable by statute or contract (Cal. Civ. Code § 1717; Cal. Civ. Code § 3426.4; Cal. Code Civ. Proc. § 1021.5); and
• Any other relief the court deems just.

The statute of limitations is tolled by this notice to the extent permitted by law, but is not waived. Relevant limitations periods include: written contract — four years (Cal. Code Civ. Proc. § 337); oral contract — two years (§ 339); CUTSA — three years from discovery (Cal. Civ. Code § 3426.6); defamation — one year (§ 340(c)); UCL — four years (§ 17208).

5. Good-Faith Settlement Invitation

Without prejudice to any of Client's rights, Client remains willing to consider an early resolution that includes (i) a written cessation undertaking, (ii) [____________________], and (iii) a mutual general release containing an express waiver of Cal. Civ. Code § 1542. If you wish to discuss resolution, please contact the undersigned by [__/__/____].

Any settlement communications shall be governed by the mediation confidentiality provisions of Cal. Evid. Code §§ 1115–1128 if the Parties enter mediation, and by Cal. Evid. Code § 1152 (offers of compromise) in any event.

6. Reservation of Rights

This letter is not a waiver, election of remedies, or limitation of any kind. All of Client's rights and remedies — at law, in equity, under contract, or under statute — are expressly reserved. Nothing herein shall be construed as a threat of criminal prosecution; Client seeks only civil relief available under California law.

Govern yourself accordingly.

Very truly yours,

[ATTORNEY NAME], Esq.
CA Bar No. [____________________]
[LAW FIRM NAME]

cc: [CLIENT NAME]
cc: [________________________________]

Sources and References

• Cal. Civ. Code §§ 47(b), 48a, 3287, 3289, 3294, 3344, 3426–3426.11
• Cal. Bus. & Prof. Code §§ 17200, 17203, 17206, 17208, 17500
• Cal. Code Civ. Proc. §§ 337, 339, 340(c), 425.16, 527, 1021.5
• Flatley v. Mauro, 39 Cal. 4th 299 (2006)
• Rubin v. Green, 4 Cal. 4th 1187 (1993)
• Action Apartment Assn. v. City of Santa Monica, 41 Cal. 4th 1232 (2007)
• Cedars-Sinai Medical Center v. Superior Court, 18 Cal. 4th 1 (1998)
• Cal. R. Prof. Conduct 3.10 (prohibition on threatening criminal charges to gain civil advantage)