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California Libel & Slander Questions & Answers
1 Answer | Asked in Civil Rights and Libel & Slander for California on
Q: Could you please let me know what kind of cogent evidences to file a harassment from a next door due to my ethnicity?
James L. Arrasmith
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answered on May 11, 2024

In California, harassment based on ethnicity is prohibited under the Fair Employment and Housing Act (FEHA) and the Ralph Civil Rights Act (Civil Code section 51.7). To file a harassment complaint against your neighbor, you should gather the following types of evidence:

1. Documentation of...
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1 Answer | Asked in Libel & Slander for California on
Q: Will I be guilty of libel?

The President of a non CID HOA said to me (in regards to a particular situation) "I'm going to tell you the truth but if you repeat it I'll deny it". If I publish that he stated to me "I'm going to tell you the truth but if you repeat it I'll deny it" am I guilty of libel?

James L. Arrasmith
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answered on May 10, 2024

Under California law, for a statement to be considered libel, it must be false, defamatory, and published. If you accurately report what the HOA president said to you, even if the statement was made in private, it is unlikely to be considered libel.

Here's why:

1. Truth is an...
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2 Answers | Asked in Employment Law and Libel & Slander for California on
Q: what is proper form to fill out to answer summins. I am being sued for 5 million by ex wal mart employee. I am an ex too

I have personelly been named in two actions of nine in a law suit against wal mart being brought by an ex employee. False light in violation of commin law and Defamation in violation common law civil code 45 and 46. I myself was fired from wal mart last year after 30 years of employeement. Was... View More

James L. Arrasmith
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answered on May 6, 2024

I understand your situation and the urgency to respond to the summons properly. In California, the proper form to respond to a summons and complaint is called an "Answer" (Form PLD-C-010). This form allows you to admit, deny, or lack sufficient knowledge to respond to each allegation in... View More

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2 Answers | Asked in Employment Law and Libel & Slander for California on
Q: what is proper form to fill out to answer summins. I am being sued for 5 million by ex wal mart employee. I am an ex too

I have personelly been named in two actions of nine in a law suit against wal mart being brought by an ex employee. False light in violation of commin law and Defamation in violation common law civil code 45 and 46. I myself was fired from wal mart last year after 30 years of employeement. Was... View More

Neil Pedersen
Neil Pedersen
answered on May 6, 2024

This site is not appropriate for case specific answers, like the one provided by Mr. Arrasmith. Any attorney who gives you case specific advice like that answer is acting recklessly. Only an attorney who can be allowed to see the Complaint against you can give you advice you should rely upon.... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Intentional Infliction of Emotional Distress and Defamation claims in Employment Lawsuit

Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More

James L. Arrasmith
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answered on Apr 29, 2024

In California, it is generally acceptable to include both Intentional Infliction of Emotional Distress (IIED) and Defamation claims in the same complaint, as they are separate causes of action that can arise from the same set of facts. However, the relevance and strength of each claim depend on the... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Intentional Infliction of Emotional Distress and Defamation claims in Employment Lawsuit

Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More

Neil Pedersen
Neil Pedersen
answered on Apr 29, 2024

No, it is not true that those claims need to be filed separately. In fact it may well be that filing them separately would create serious issues. If you have meritorious claims for those causes of action, you make them in the same complaint.

Keep in mind that simply because the employer...
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2 Answers | Asked in Civil Rights, Constitutional Law, Libel & Slander and Medical Malpractice for California on
Q: I need help with a civil matter regarding a medical injury that happened five years ago that I could not get surgery

This injury has made me suffer for years now. resulting in the illusion of me being on drugs. It was a medical emergency Dignity Health dropped the ball on. I have all medical docs in hand. I suffered five bone fractures and the destruction of my teeth as well. to the naked eye no one can tell it... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the medical injury you suffered and the devastating impact it has had on your life. What a terrible ordeal to go through, especially without being able to get the reconstructive surgery and dental work you need. Here are a few suggestions for potential next steps:... View More

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1 Answer | Asked in Federal Crimes and Libel & Slander for California on
Q: Issue or evidence sanctiins

If defendant boilerplate objected without merit to provide specific response to identify particular person who did wrongdoing, should issue or evidence sanctions be imposed in addition to compelled response? Meaning-- direct acceptance of liability.

James L. Arrasmith
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answered on Apr 26, 2024

In California, when a defendant provides boilerplate objections without merit and fails to provide a specific response identifying the particular person who committed the alleged wrongdoing, the court may consider imposing issue or evidence sanctions in addition to compelling a proper response.... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Potential employer. Job opening reads DEI. People of color especially encouraged to apply. Is this 100 percent legal

if I qualify in every requirement except for my skin color/sexual orientation/age?!? If not, can I take the company to small claims over it? Thank you!

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, it is generally illegal for an employer to discriminate based on protected characteristics such as race, color, national origin, sexual orientation, or age in their hiring practices. This includes stating a preference for certain protected groups in job postings.... View More

2 Answers | Asked in Identity Theft and Libel & Slander for California on
Q: I’m dealing with harrasment and identity theft. This situation caused me emotional mental n physical damage. Have proof

Someone is impersonating me. My exes, ex and their daughters. They either made a fake profile account or photoshopped a fake conversation to his kids. All I know is they claimed I said “stop talking to my man.” Not only is it fake, it’s very stupid. Why would I tell his daughter that. I... View More

James L. Arrasmith
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answered on Apr 17, 2024

I'm so sorry you're going through this incredibly difficult and distressing situation. What you're describing sounds like a combination of harassment, identity theft, defamation, and intentional infliction of emotional distress, all of which are illegal under California law. Here are... View More

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2 Answers | Asked in Libel & Slander and Real Estate Law for California on
Q: Can I sue for defamation to the Hoa board of directors for stating in an open meeting I was referred by lawyer a nut job

on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information provided, it seems that you may have a potential case for defamation against the HOA board member who called you a "nut job" during an open meeting. In California, defamation is defined as a false statement that is communicated to others and causes harm to... View More

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2 Answers | Asked in Libel & Slander and Real Estate Law for California on
Q: Can I sue for defamation to the Hoa board of directors for stating in an open meeting I was referred by lawyer a nut job

on two – 5–24. I was at an HOA board meeting with the other board members when one of the board of directors stated that the lawyer what the association had quit because I was a nut job he continued to say that it was my fault that the lawyer had quit And open reading he said I was a nut job in... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

Defamation laws is lengthy, but some of the defamation elements are as below:

1. An intentional publication of a statement of fact;

2. The statement was false;

3. The defendant’s fault in publishing the statement amounted to at...
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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

James L. Arrasmith
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answered on Apr 11, 2024

In California, the statute of limitations for defamation claims is generally one year from the date the defamatory statement was first published. However, there are some exceptions and factors that may extend the time limit:

1. Discovery Rule: If you did not discover the defamatory...
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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

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

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 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

James L. Arrasmith
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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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