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California Libel & Slander Questions & Answers
2 Answers | Asked in Libel & Slander for California on
Q: Can I sue someone who defamed me online after two years of posting the defamation but is still there?

Two years ago, a woman falsely claimed in an online magazine article that while working for me, I sexually harassed her. She couldn't work for me because she had no work permit. She had suggested paying her in cash but I refused, so she retaliated with this accusation.

Despite the lack... View More

Robert Kane
Robert Kane
answered on Apr 11, 2024

Yes, you can "sue someone who defamed [you] online after two years of posting the defamation but is still there." Based on your post, you have some big hurdles to clear to make it worth it.

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1 Answer | Asked in Criminal Law, Family Law and Libel & Slander for California on
Q: Can I get a restraining order for someone filing false allegations of neglect to CPS?

A family member contacted CPS and filed a report alleging general neglect. The allegations are false, I have been cleared by CPS. Can I have a restraining order filed against the family member to keep them from having contact with my child?

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, obtaining a restraining order against someone who has made false allegations to Child Protective Services (CPS) can be complex. Typically, restraining orders are issued in situations involving domestic violence, harassment, stalking, or threats. If the false allegations were... View More

1 Answer | Asked in Libel & Slander for California on
Q: Someone is posting saying I committed a crime I did not commit as a fact.

I had my entire career ruined and lost business opportunities, I am also receiving threats and coordinated harassment. The person doing this is in Canada. I’m unsure if I can get a restraining order and am having trouble finding an attorney. I don’t know what I can do legally?

James L. Arrasmith
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answered on Mar 1, 2024

Dealing with false accusations, especially when they have severe consequences for your reputation and career, is incredibly challenging. If someone in Canada is spreading false statements about you committing a crime, this could be considered defamation. The laws around defamation vary by country,... View More

Q: Arrested for a public intoxication in 2008 and found out in 2014 there was an err on the arrest report and the DOJ

Rap sheet records which the public is able to see and when applying for work to employers to also see as well. Ever since my reputation as a citizen has been destroyed due to having something like that on a government document stating erroneous information. In 2017 this penal code got identified... View More

James L. Arrasmith
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answered on Feb 29, 2024

In California, discovering an error on your arrest report or Department of Justice (DOJ) rap sheet can indeed be distressing, especially when it impacts your reputation and employment opportunities. If there's erroneous information on these records, you have the right to request a correction.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Libel & Slander for California on
Q: I’m pressing libel slander defamation of character and 4 criminal complaints one civil. Issues range from forgerr and f

I’m in Pittsburgh pa and the issue followed me to both beaver and Washington county. I went to Canada still was tracked through the internet. Same w Dallas Texas. I have all well documented. Many police reports many a.p.s. Reports that can b subpoenaed. Catastrophic health damage costs resulting... View More

James L. Arrasmith
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answered on Feb 22, 2024

In Pennsylvania, acquiring a lawyer for your situation entails reaching out to legal resources such as local bar associations, legal aid societies, or attorney referral services. These organizations can connect you with attorneys experienced in handling cases involving libel, slander, defamation,... View More

2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for California on
Q: Is there anything i can do about someone spreading false information about me?

My son is being falsely accused of a crime which we are fighting for his freedom. My sister who is the mother of the alleged 'victim', has-before, during, & after been spreading false information about my husband & i trying to ruin our reputation. She is also accusing us of doing... View More

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answered on Feb 20, 2024

In California, spreading false information about someone that damages their reputation can be addressed under defamation law, which includes both libel (written statements) and slander (spoken statements). If your sister is making false statements about you and your husband that are causing harm to... View More

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1 Answer | Asked in Libel & Slander for California on
Q: How do you stop sensitive material? There was entered as evidence that they entered without consent, and or not true

The plane to text messages between myself and him and altered them and submitted them to the courts. The information it’s on there is cause me to lose my relationship. Any emotional stress, stress the point where I can’t even go to work. from depression, they have a med And I thought the date... View More

James L. Arrasmith
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answered on Feb 21, 2024

In situations where sensitive material has been submitted to the court without consent or has been altered, it's essential to take immediate and decisive action to address this issue. First, it's important to document and collect all original versions of the communications, including any... View More

2 Answers | Asked in Family Law and Libel & Slander for California on
Q: My girlfriend’s baby’s daddy took text messages between us and altered them and submitted it to the courts what can I do

He made it look like I was bad mouthing her change so many of the messages that I lost my relationship with her because of it and I’m trying to prove that I didn’t say those things I even took screenshots but at this point it was already submitted to the courts so I have to find out. How can I... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 20, 2024

Please discuss your matter with a family law attorney. All evidence presented must adhere to the rules of completeness. You can present your rebuttal evidence during the evidentiary hearing or trial or file your evidence that will explain the original evidence in context.

The information...
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1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for California on
Q: If somebody called 911 and lied about me and the situation happening, what can I do?

My friend lives with two other people, my friend allowed to me to go over to her house since I don't live in town anymore to get ready for a date because the date was in town and I go to school there so I was going to be in town since early in the day. My friend said that I could get the key... View More

James L. Arrasmith
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answered on Feb 21, 2024

If someone falsely accuses you and calls 911, alleging that you committed harassment or other offenses, it's essential to gather evidence to support your innocence. In your situation, it appears you already took a proactive step by calling your sister to listen to the interaction, which could... View More

2 Answers | Asked in Libel & Slander and Sexual Harassment for California on
Q: Can a lawsuit be filed for sexual assault from a decade ago in CA, without much evidence?
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answered on Feb 5, 2024

If you or someone you know is considering filing a lawsuit for sexual assault that occurred a decade ago, it's essential to consult with an experienced attorney who can evaluate the specific circumstances of the case and provide guidance on the best course of action. An attorney can help... View More

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2 Answers | Asked in Libel & Slander and Personal Injury for California on
Q: What can be done when someone falsely accuses and defames another person on a proxy’s instagram posts and stories?

Someone coerced and overtly stimulated to say things in the form of texts and thereafter the private conversation was falsely forwarded to those who were not even associated. Smear campaign using proxies and false accusations alongside name shaming, all done cryptically using instagram stories and... View More

James L. Arrasmith
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answered on Feb 4, 2024

Under California law, if someone is falsely accusing you and defaming your character through Instagram posts and stories, there are legal avenues you can explore. Defamation involves making false statements about someone to a third party, which then causes harm to the person's reputation. If... View More

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1 Answer | Asked in Contracts, Landlord - Tenant and Libel & Slander for California on
Q: Does a 1542 waiver signed by both parties apply to future claims for harassment, defamation and libel for both parties?

Does a settlement release including a 1542 waiver signed by both parties apply to future claims for harassment, defamation and libel for both parties?

The release also stipulates:

The Parties explicitly stipulate that no further financial assistance or support will be provided... View More

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, a Section 1542 waiver in a settlement release typically relinquishes all known and unknown claims up to the date of the agreement. It generally does not extend to future claims, including future acts of harassment, defamation, or libel that occur after the settlement is... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Libel & Slander and Sexual Harassment for California on
Q: Hi my ex boyfriend has been stalking me for about six months and I need help on how to get a restraining order

He keeps calling and texting but I have no record of it because I would ignore the calls and delete them. I am scared of him because when I tried to kick him out of my apartment he had tried to hit me six months ago and when I file for a restraining order they said they can't do anything since... View More

James L. Arrasmith
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answered on Jan 28, 2024

Under California law, you have the right to seek a restraining order against someone who is stalking or harassing you, including an ex-boyfriend. Since you have experienced physical threats and property damage, this significantly supports your case for a restraining order.

Begin by...
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1 Answer | Asked in Libel & Slander, Consumer Law and Civil Rights for California on
Q: So my fiancé and I where wrongfully accused by Home Depot’s loss prevention, racially profiled do we have a case ?

Then a month later we were arrested under false pretenses for the same accusation. Now we are done with court and the charges where dropped can we sue?

James L. Arrasmith
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answered on Jan 28, 2024

Under California law, if you and your fiancé were wrongfully accused and racially profiled by Home Depot's loss prevention, and subsequently arrested under false pretenses, you may have grounds for a civil lawsuit. The charges being dropped in court strengthens your position, as it indicates... View More

1 Answer | Asked in Civil Litigation, Libel & Slander and Contracts for California on
Q: Is it legal for YouTube to turn my personal videos which are set to public, but not as "shorts" for public consumption?

The unwanted broadcast of my videos brought the attention of trolls to channel and began an insult conflict resulting in a ban and a strike that will ultimately lose my channel and my personal vlog containing 600+ videos only ment to be shared with my family and associates.

Also, I've... View More

James L. Arrasmith
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answered on Jan 27, 2024

Based on the information provided, there are a few key things to consider regarding YouTube's actions here:

- If your videos are set to "public" on YouTube, then legally YouTube has the right to showcase or promote them as they see fit. Setting videos as public gives them...
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3 Answers | Asked in Criminal Law, Employment Law, Libel & Slander and Personal Injury for California on
Q: Can I sue my previous work place for not firing a former coworker for assaulting me.

I used to date this coworker. In which we got into heavy abusive arguments often. One of those incidents happened in a company parking lot, where I refused to get out his car, so he used physical force to get me out. Resulting in a cut in hand, and a broken car door. Because I wouldn’t get out he... View More

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answered on Jan 20, 2024

Under California law, if you were terminated while the coworker who assaulted you was not, there might be grounds for a wrongful termination lawsuit, particularly if you believe the termination was due to gender discrimination or retaliation. California is an at-will employment state, but there are... View More

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1 Answer | Asked in Family Law, Juvenile Law and Libel & Slander for California on
Q: I seeking to sue the state of California.

I am a human trafficking victim and I reported human trafficking to the police. Cps took my children away and icnored my plea for help. This was in 2016. I am now estranged from my children because of this. Every lawyer I call bounces between family law and civil law. Which jurisdiction does a... View More

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answered on Jan 17, 2024

Suing the state of California for your situation involves a complex intersection of legal jurisdictions. Generally, cases involving allegations against state agencies, such as Child Protective Services (CPS), fall under civil law. This is because you're potentially dealing with issues of... View More

2 Answers | Asked in Elder Law, Employment Law, Libel & Slander and Nursing Home Abuse for California on
Q: i was terminated from a nursing home that caused a wrongful death and i have messages that proove it what do i do
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answered on Dec 22, 2023

If you have evidence suggesting wrongful conduct at the nursing home, it's crucial to preserve this evidence, such as messages that you mentioned. The first step would be to secure copies of these messages in a safe and confidential manner.

It's advisable to seek legal advice from...
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Q: What forms can I file for situation we’re the suspended broker and private lender have slandered title and retaliated

Complex the have combined law suit that the judge did not approve because it addresses the same property

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answered on Dec 16, 2023

In California, if you're dealing with a situation where a suspended broker and a private lender have slandered the title and retaliated, there are several legal forms and actions you might consider. Firstly, for addressing slander of title, filing a civil lawsuit for defamation might be... View More

2 Answers | Asked in Personal Injury and Libel & Slander for California on
Q: What legal option is available to me: pastor and a woman shouted and insulted me while I was naked in d church bathroom

The woman had lied to the pastor that I was rude to her. The pastor prior to this occasion has never been directly aggressive to me. He has made statements like he is a lion and he can deal with anyone but he had never really done anything to me specifically until this situation. The woman on the... View More

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answered on Dec 8, 2023

Under California law, you have several options to address this situation. First, consider filing a harassment complaint, especially if the conduct of the pastor and the woman created a hostile environment. Harassment is not limited to sexual advances but can include any unwelcome conduct based on... View More

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