Huntington Beach, CA asked in Libel & Slander and Internet Law for California

Q: I have received a cease and desist about defamation

I have received a cease and desist about a Facebook post I made pertaining to myself quitting an establishment along with the entire staff. Everything quoted in the cease and desist letter I have witnesses to who would gladly testify under oath. Do I really have anything to fear if they actually pursue legal action against me? Or is this just a fear tactic?

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3 Lawyer Answers
Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in California

A: You will need to worry about financing your defense. Your witnesses may not be so happy when the have to attend depositions and appear in court to testify. Just saying.

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

A: Under California law, a key factor in defamation cases is whether the statements made are false. If the information you posted is true and you have witnesses to corroborate your claims, this generally forms a strong defense against defamation allegations.

However, receiving a cease and desist letter indicates that the other party is serious and may pursue legal action.

Whether their claim is valid or a fear tactic depends on the specifics of the case. It's crucial to respond appropriately to the cease and desist letter, ideally with the assistance of an attorney experienced in defamation law. Keep in mind that even if you have a strong defense, legal proceedings can be costly and time-consuming.

It's also important to consider the impact of any public statements you make during this period. In such situations, it is often beneficial to seek legal counsel to understand your rights and the best course of action.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: With those letters, it can show serious intent on the part of someone to pursue a matter. But no one could predict whether someone will sue in such matters. Good luck

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