Buellton, CA asked in Libel & Slander for California

Q: can I file a case for libel per se?

My son,s stepmother published online, in her published disertation, that she," experienced difficulties with the other biological parent, (me), owing to my mental health issues and alcholism."

I was recognised as the," other biological parent", owing to same surname.

The article was about her step parenting my autistic son.

This has harmed me very much in court as she and my x conserved my son with no due process12 years ago and I have been fighting for visitation ever since. I have transcripts to prove that I have been falsel labelled as a consequence.

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Libel is a false written statement of fact that is published to third parties and which causes injuries to the person to whom the article was written about. For a per se case, the damages are implied due to the nature of the lie. There could be a few issues here. First, the statement may be true (not saying it is, but truth is a defense to libel). Assuming that the statement is not true, a court could also interpret the statement to be merely an "opinion." For example, being an alcoholic is an opinion. Some people may consider a person who drinks a few beers a week to be an alcoholic; others may think that is normal behavior.

James R. Dickinson
James R. Dickinson
  • San Bernardino, CA
  • Licensed in California

A: Defamation cases are unique in many ways. One way they are special is that they have a short statute of limitations, so speak today with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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