We rent in a area that has a hoa. Well it seems they don’t like renters, the management company that handles our hoa has been sending letters to our landlord accusing us of bringing criminal activity to the neighborhood. My boyfriend got tools taken out of his truck, we have it on video, but the... Read more »
I received a letter from a lawyer, on behalf of the other party involved in the incident, claiming they were injured. They are lying. There wasn’t even a mark on their vehicle! And the policeman determined everyone was ok and cleared to leave the scene. What can I do to shut down these FALSE... Read more »
You should tender the matter to your insurance company. They can likely appoint an attorney to represent you. Although there is no lawsuit yet, the fact that the other side already has an attorney and they are contacting you, indicates the likelihood the other party will pursuse the matter. If you...Read more »
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...Read more »
Talk with an attorney about your options, including, possibly, seeking a restraining order. [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...Read more »
Last year I went to jail for child abuse. It was lies! i never even been to jail before. Long story short I was working one day my ex was watching my kids and I came home from work and my youngest son had little bruises all over his legs and arms I was told that my other children which are the same... Read more »
Claims for defamation can be difficult to get off the ground (due to protections related to free expression, etc.); that said, you may have a case. Additionally, if the behavior is abusive or harassing, you may be able to seek a restraining order. Speak with an attorney near you. [I litigate cases....Read more »
If it is a matter of public concern (as it seems to be) there are constitutional considerations. The statement would have to have been made with actual malice. It must also be provably false and that the news company either (1) knew it was false or (2) had a reckless disregard for its truth or...Read more »
My kids were taken away because a social worker said I wasn’t within my right to decline a drug test because I am a felon with a narcotics offender title, even though I have had an expungement for 12 years. She said I don’t and that I still have it on my record and took my kids away because of it
More information is needed. Speak 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.]
Someone sued me and and accused me of doing something dishonest that didn't happen. They should have known better because we both had the same records and receipts from a job I did. I'm an independant contractor in a small community. If this gets out I'm afraid it will make it hard... Read more »
Yes, unfortunately the litigation privilege is nearly absolute (rare exceptions relate to crimes, mostly), so something false said in a court document/complaint is privileged and shields the plaintiff from liability. However, if you win the lawsuit and can show the evidence that what plaintiff...Read more »
was there with my dog. They boxed me in and last night animal control reached out to me because apparently they are claiming my dog bit them even though apparently there is only a minor injury and no penetration of skin. They told me she will probably be quarantined and I want to know what I can do... Read more »
You and your dog are not victims. You are 100% responsible for your dog's behavior, whether it bit someone, or clawed someone, and regardless of whether the boys walked or SPRINTED past you. Boys walk, run, sprint and are boisterous in public and are entitled to act like teenagers without...Read more »
I workout at a 24hr fitness in California. A manager approached me and wanted to talk to me. In his office, with a front desk employee listening he said a member that was a minor filed a report that I sexually harassed them. Also they accused me of taking photos or videos of them. I have no clue... Read more »
Also, in civil action for (compensatory & punitive) damages for the torts above (would also include Abuse of Process), what burden of proof does Plaintiff need to show "factual innocence" for Malicious Prosecution?
If there is factual evidence (prima facie) of a... Read more »
I am not sure if there are official statutes covering these two civil wrongs. There is a plethora of case law and relevant jury instructions, though. See California Civil Jury Instructions (CACI) 1600 and California Civil Jury Instructions (CACI) No. 1501. Wrongful Use of Civil Proceedings.
To say, "I've been through a lot and have experienced pain, suffering & financial loss", is an egregious understatement. Malicious Prosecution & Abuse of Process lead the handful of torts in my unlimited civil complaint in the aftermath of it all, but I'm falling short... Read more »
I am sorry but your post does not make much sense. It sounds like you are in need of a good workers compensation attorney who can be allowed to learn all of the facts of your situation and protect you through the workers compensation process. That attorney can tell you more but generally you...Read more »
It depends. If pictures of your dead son and message that you're a "killer" were only sent to you, that's not defamation unless it was "published" (sent to other persons). Also, be aware that if you display or otherwise disseminate the pictures and message to someone...Read more »
From getting opened at anytime that could possibly demean me. Plus I want the satisfaction of writing that good cause reasons why and expose him for the last time. His retaliating schemes and all my evidence got nowhere. Since the SC hearing, the commish. Glen Mondo ruled it totally incorrect under... Read more »
I'm being constantly harassed, and I was led to believe that I was under a spiritual attack by a family member. Threats have been made against me, I've been taunted 24/7 for almost a year, my mental health is deteriorating, and I'm being kicked out of my room because I'm... Read more »
I'll make a few "if" assumptions here. If your family members are the ones harassing you/kicking you out of your room, and If you are not acting violently towards them, in California you may have claims for defamation (if the statements being made about you are false and are...Read more »
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