Q: Hi, Animal services has just given my complaint records to the owners of the animal.
I would like to know if the owners of the animal i complained about, can sue me over the information i provided in my complaint? Everything in my complaint was true, concise and to the point. I am now very nervous about the situation.
A: Anyone can be sued for anything, for the cost of a filing fee. The question is whether a suit can be won. The type of claim that might be brought against you is for libel (written falsities) or slander (spoken falsities) that damaged the subject's reputation. If, as you have noted, spoke the truth, then such a suit would not be successful. If something in your words was factually false, then you have a defense of "absolute privilege." Absolute privilege, under Civil Code section 47(b), means that even if you knew that your communications to Animal Control were false, the subject cannot successfully sue you for libel or slander. (Hagberg v. California Federal Bank FSB). This is because we want people to be free to contact law enforcement in regards to suspected criminal activity without fear of having to defend themselves in court. In that event, you could still have potential liability under the concept of malicious prosecution, so you would not be completely immune from a lawsuit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
