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California Libel & Slander Questions & Answers
1 Answer | Asked in Libel & Slander, Personal Injury and Admiralty / Maritime for California on
Q: I was in a boat fire where my friend & I were severely burned. It was almost 2 years ago and I need to find a lawyer.

My friend and I were in a boat fire on another friend's boat. We were intubated and we're in a coma for a little while. I still have permanent scars & cognitive dysfunction because of this. I need a lawyer to help me file a claim for damages, medical bills as soon as possible.

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

I'm sorry for your injuries from this terrible boat fire. I agree with Mr. Webb and Mr. Gribow - you need to act immediately. There will be a number of issues for your attorney to sort out quickly. If this boating accident occurred on navigable waters, it could introduce unique issues of... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Libel & Slander and Personal Injury for California on
Q: A notice of suspension. (NOS) to Poppy Trails Trailer par pursuant health and safety code18510 & 18511 18870.11 18870.12

Health and safety code section 18510 18511 and or 18870.11 18870.12

Notices on dates January 1, 2016. October 25th 2018 and May 27th 2020 ordering you to renew your expired PTO or to be subject to the PTO suspension of civil penalties and criminal procedures penalties including dates on the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2020

MORE INFO NEEDED.

I DO NOT BELIEVE THIS IS A NEGLIGENCE QUESTION.

I SUGGEST YOU CALL A CHINO LAWYER, AND FIRST WRITE OUT ALL THE FACTS IN DETAIL, SO THAT THE LAWYER IS NOT PLAYING SECRETARY.

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for California on
Q: How do I obtain records from county agencies and workers names who falsify my records? How do i pursue justice.

I have been victimized and in 2015 I was assessed for human trafficking, did a task force report with a social worker non profit. subsequent crimes of stalking harassment and manipulation escalat. I was referred to numerous non profits alleging to help me but instead persecuted me on paper with... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 26, 2020

MUCH MORE INFO NEEDED.

I AM SORRY FOR YOUR SITUATION, BUT THIS IS NOT THE TYPE OF MATTER I WOULD HANDLE.

I WOULD HOPE A PUBLIC DEFENDER OR COURT APPOINTED LAWYER WOULD HAVE BEEN ASSIGNED TO YOU. THAT LAWYER WOULD HAVE ALL THE FACTS IN FRONT OF HIM/HER.

1 Answer | Asked in Personal Injury and Libel & Slander for California on
Q: My brother stalks me he's destroyed my life. He uses his position as manager at AAA get info about me. Can i stop him?

The DMV instructed me to surrender the plates on my car and they issued me different plates. The new plates are personalized plates that i didn't order. The message on the plates is a terrorist threat. The plates contain the letters PBK along with the years my daughter's were born. To me... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 16, 2020

much more info needed.

it is not the type of matter I handle.

i would not post info on an open forum like this that anyone can access.

you need to make an appointment with a lawyer in your area of the state....but I suspect lawyers will only take a matter like this on an...
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1 Answer | Asked in Libel & Slander for California on
Q: daughter bought car, let friend use with conditions, friend broke the conditions, she took car back,friend threat to sue

friend wants monies she paid on loan back while she had car, she damaged car while in her possession, is this possible or can daughter sue her for damages to car and monies still owed on car since she broke conditions?

Maurice Mandel II
Maurice Mandel II answered on Sep 14, 2020

First, you cannot libel or slander a car. This is a breach of contract. Your daughter can sue for breach of contract, if less than $10,000, can sue in small claims. Hope she has all these conditions in writing, dated and signed by the person to be charged.

Justia disclaimers below,...
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2 Answers | Asked in Libel & Slander and Civil Litigation for California on
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... Read more »

Jonathan S. Dennis
Jonathan S. Dennis answered on Sep 10, 2020

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...
Read more »

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1 Answer | Asked in Libel & Slander for California on
Q: My co-worker made false accusations, informed management things I never said or done, can I file defamation against her?

I had minimal interactions with my co-worker. If we met to discuss issues, there's 3rd staff presented at the same time. The co-worker complained to the management team that I insulted her and blamed her. I told manager let's meet and clarify what she's claiming because my... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 2, 2020

You can file against her, and if you win, you can seek to collect against whatever assets she has that are subject to levy, which, in the case of a co-worker, may not be much. Defamation is not so easy to prove, you have to prove the statements made were FACTS, that she KNEW they were FALSE when... Read more »

2 Answers | Asked in Libel & Slander and Civil Litigation for California on
Q: Can I counter sue if I am being defamed by another employee that was fired?

An employee that was fired sued the company for wrongful termination and states that I was a liar. I believe I am being defamed. When she sued the company my name was included in the lawsuit. I was given a DISC-001 Interrogatories general form. It has plaintiffs information ad well as JAMS case... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2020

You cannot sue someone for defamation arising out of allegations in a lawsuit. There is a litigation privilege that would kill your claim as soon as it was filed. Your only possible recourse for being sued and suffering emotional distress from the lawsuit is if you could state a meritorious claim... Read more »

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1 Answer | Asked in Employment Law, Libel & Slander and Sexual Harassment for California on
Q: Do i have a defamation case against my employer?

Hello.

My name is Martin. I would like information in regards to filing a defamataion case against my employer. I have received final vacation pay and my employee status on ADP states "Terminated". I have not received any paper work from my employer. I believe that the termination... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2020

Unfortunately there is nothing in your post that would suggest that you have a meritorious claim for defamation against your employer.

First, the employee who accused you of sexual harassment had a protected right to do so, and your employer has a legal duty to take her charge seriously....
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2 Answers | Asked in Car Accidents, Criminal Law, Federal Crimes and Libel & Slander for California on
Q: Scared to pull over after a minor car accident because of possible violent reaction from the other person involved.

Let's say I got in a minor car accident and the other driver is acting angry and possibly violent. Could you keep driving (essentially making it a hit and run) because you felt unsafe to pull over and get out of the car? Is there a legal way to do this? Like calling the cops to explain the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 27, 2020

"Assumptions are the mother of all Foul ups." If you are assuming that the other driver would react violently and just take off, you are at fault for a hit and run. BUT, if you pull over with your windows up and the other driver makes any kind of overt act of violence, you would be... Read more »

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1 Answer | Asked in Libel & Slander for California on
Q: Can I sue a person who was party to a restraining order and he served it to me
Maurice Mandel II
Maurice Mandel II answered on Aug 22, 2020

Judge told me "You can sue a ham sandwich." But if you want to win, you have to have a recognizable claim. Insufficient information to determine. What is your damage? What is your relationship to the people on the Order? Are you named on the Order? Why were you served? Like many... Read more »

1 Answer | Asked in Employment Law and Libel & Slander for California on
Q: can i sue for defamation of character if coworker took my picture with ill intent, to get me fired, and retaliate

Co worker sent my photo to the manager, I might have nodded off for a min or so but def did not sleep with witnesses.

I was suspended and asked to return back to work as there was no basis, and witnesses says otherwise.I am also being asked to sign some paperworks with regards to the... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 17, 2020

Sorry, but sending an unaltered picture of you at work is not defamation. There is nothing unlawful about a co-worker sending a picture of you resting to the boss. Whistleblowing is a very defined protection. Telling the boss about others sleeping at work will not get you whistleblower... Read more »

1 Answer | Asked in Libel & Slander for California on
Q: Will I face a damaging lawsuit if I tell someone I will expose them online?

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Maurice Mandel II
Maurice Mandel II answered on Aug 16, 2020

As Yoda said: "Do or do not. But, threaten you shall not." Extortion is the making of a threat to disclose personal or damaging information in order to gain an advantage. As for libel or slander, "Truth is an absolute defense" so if what you post is true and you can prove it,... Read more »

2 Answers | Asked in Business Law, Libel & Slander, Contracts and Civil Rights for California on
Q: My boss is attempting to sue me and claim my business as his.

I worked for a real estate agency. My boss is attempting to sue me, claiming that I deleted files off the computer. He also claims he owns my business (A Marketing Agency) as I opened it while working for him.

There is an alarm code history in which it has me registered for going in 5 days... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 14, 2020

Suggest you change the name on your marketing agency to a new dba, sounds like it is a sole proprietorship. The chain of events is a little problematic. NEVER, NEVER keep your personal files on a company computer, the computer is not yours, and actually your removal of those files from the... Read more »

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1 Answer | Asked in Libel & Slander for California on
Q: Is a corporation liable for publishing false meeting minutes and refusing to correct them?

I own property with a private corporation (incorporated in Nevada), that publishes false minutes and refuses to correct them after the falsehoods are brought to their attention. Is this lawful?

Maurice Mandel II
Maurice Mandel II answered on Jul 29, 2020

Best if you post this in Nevada, not California. The law depends on the situs of the Corp, not your situs.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Libel & Slander and Civil Rights for California on
Q: A homeless youth is living in our home and last night recorded us without our permission, what can we do?

Hi me and my mom currently have a homeless youth living in our home. Last night we got into an argument and she began secretly recording me. She then picked up her phone and pointed it directly at me to show she was recording me. Although I kept speaking with the phone directed at me, I do not wish... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jul 29, 2020

There is no legal way to prevent her from doing anything in the future. Both you and your mom can confront her peacefully, and let her know that recording you or taking photos without your permission and consent could lead to her having to leave the premises without warning or notice. Best thing to... Read more »

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2 Answers | Asked in Libel & Slander and Personal Injury for California on
Q: Slander harassment against sibling

DVRO expired last week against my TWIN sister, but thought a year off would quell hatred/slanderous behavior so allowed lapse. As soon as expired, she began phoning and emailing my current employer (new job) with statements of "employee has history or suing former employers to extort money... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

Attorney on hourly basis, not contingent fee. Recovery too speculative, unless sibling has net worth over $10,000,000.00. Insufficient facts to give other opinions.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Civil Litigation and Libel & Slander for California on
Q: Need to file a defamation case against a business owner

We had a dispute with her (business owner - runs a cake service from home - not sure if its registered) about services rendered and pay. We reached out to her several times asking for a resolution but she kept abusing us and threatened to complaint at our workplace. When we told her she legally... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 15, 2020

You have a multitude of problems and a defamation claim will not solve all of them. Re: the defamation- you have to prove the falsity of whatever facts were said about you, if it is an opinion, you don't have a case; you must also prove up that you incurred damages as a direct result of the... Read more »

1 Answer | Asked in Communications Law, Libel & Slander and White Collar Crime for California on
Q: Can a web developer knowingly/unknowingly put redirects to spam sites on a client's website without client consent?

I hired a web developer for my company's website. For the past 2 years he was the only one with access to the editing tools and the domain, until recently where we discovered accessing the site through a mobile device would redirect you to spam sites, sometimes pornographic, and we asked him... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 13, 2020

It isn't clear from your question or the sites you posted this question to, exactly what it is that you want. First, you need a new developer to clean your site and correct these problems, close all backdoors and shut out the old developer. Is this criminal? Probably not, but I am not a... Read more »

1 Answer | Asked in Libel & Slander for California on
Q: Good Morning, I have a letter that an individual dropped of at my work stating false facts & defamation.

Stating the employees at my store endangering his home, Calling me a racist , saying he is going to sue the store and employees because they are friends with "Drug Gangs" (I have no idea what he is talking about). and a lot more.

he also claims to be a Ordained Priest of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 13, 2020

A learned attorney and former Judge in Texas said; "You can sue a Ham sandwich." Do you have a lawsuit is a pretty broad question. Typical Attorney answer: it depends.

It depends on what you can prove this person said/ wrote.

It depends of you can prove this was said,...
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