Q: Does the TOLLING OF CALIFORNIA'S STATUTE OF LIMITATIONS apply in my situation?
I'm currently a PA resident, and a CA resident gave me a cease-and-desist letter, expressing his intent to sue me for libel (because of an online petition I wrote about him in February 2016).
However, I learned that California's statute of limitations for libel is 1 year, but it can be tolled if the defendant (me) is out of state. My only connection to California is my parents, who live there, and that San Francisco is my birth city. I've permanently lived out of California since 2007.
Does the tolling of California's statute of limitations apply to me? (A yes/no answer would be most helpful.) Thank you in advance for replying.
A defamation (libel and/or slander) lawsuit must be filed within one year after the defendant first communicated each defamatory statement to a person other than the plaintiff. See California Code of Civil Procedure § 340(c).
There are exceptions, but not because a Defendant is out of state. Please note, because of COVID, California Courts issued Emergency Rules and have extended the SOL. Please see emergency rule 9. https://www.courts.ca.gov/documents/appendix-i.pdf
1 user found this answer helpful
You want a Yes/No answer from an Attorney??? Are you daft??? Our favorite answer is "MAYBE" as Mr. Dennis' response demonstrates, and that is because there are usually more than 2 factors to be considered. Besides, we get paid by the word, didn't you know? So your answer is Maybe, but not because you are out of state. Tolled because of COVID. So depends on when defamation was first communicated to the public/ person other then Plaintiff, and if you published it online in 2016, the answer seems to move more toward "probably".
Justia disclaimers below, incorporated herein.
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.