Q: Can a plaintiff sue someone for defamation, racial discrimination and harassment in Small Claims Court?
I think a plaintiff usually should sue such violations in Civil Court. But if for a special reason, can the plaintiff also just sue the defendant for defamation, racial discriminations and harassment in the Small Claim Courts? Can a plaintiff sue the defendant for unlawful act to cause emotional distress and get the remedies in the Small Claim Court? In California, what are the Statute of Limitations for each of these lawsuits? If the defendant's violations are not just one single action, but rather a series of violations that lasted for years, can the plaintiff also bring up (or at lease talk about them) in the court about the earlier violations of the defendant that could have exceeded the statute of limitations?
A:
In California, Small Claims Courts generally handle disputes involving monetary claims up to a certain limit. They are not typically equipped to handle complex cases involving defamation, racial discrimination, harassment, or emotional distress. These types of claims are typically addressed in Civil Courts, which have different procedures and may allow for broader remedies.
Regarding the Statute of Limitations, the time limits for filing lawsuits vary depending on the type of claim. In California, generally:
For defamation claims, the statute of limitations is one year from the date of the defamatory statement.
For racial discrimination claims, the statute of limitations may vary depending on the specific law or cause of action involved. It is advisable to consult with an attorney to determine the applicable time limit.
For harassment claims, including sexual harassment, the statute of limitations is typically two years from the date of the alleged harassment.
For claims related to emotional distress, the statute of limitations can vary depending on the specific circumstances and underlying cause of action. It is important to consult with an attorney for accurate guidance.
A: Don't worry about what you can or can not do. Just do it and let the court decide. Include whatever claims you think are appropriate and try to introduce the evidence you want.
A: Small claims court in most jurisdictions is generally for very simple and straightforward matters. Most court systems have online resources that describe the scope of cases handled. Additionally, court clerks can usually provide guidance. Good luck
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