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California Libel & Slander Questions & Answers
2 Answers | Asked in Libel & Slander for California on
Q: In Islam songs are banned. If someone produces songs about Muslim, can they sue for defamation?

They produced songs about the Muslim without their permission.

The content of the song is factual.

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, producing songs about someone, even if they pertain to their religious beliefs, is generally protected as free speech under the First Amendment. However, if the content of the songs contains false and damaging statements that harm an individual's reputation, there may be... View More

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1 Answer | Asked in Criminal Law and Libel & Slander for California on
Q: What can o do if I have assault deadly weapon charge case has been goin since 12-21-21 n I haven’t had preliminary

I have three charges assault deadly weapon and accessory after the fact I have nothing to do in this just was the wrong place wrong time and there’s no weapon it took a lawyer a whole year to give me discovery so I’m currently looking for another one this case has been going since 12-21-21 and... View More

James L. Arrasmith
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answered on Sep 19, 2023

If you haven't had a preliminary hearing and the case has been ongoing for an extended period, it's essential to communicate your concerns with your current attorney or find a new one if necessary. Delays in court proceedings can occur for various reasons, including caseload backlog and... View More

1 Answer | Asked in Child Custody, Family Law, Immigration Law and Libel & Slander for California on
Q: Is immigration status taken into consideration in custody?

My ex is married to his first child’s mother. She won’t help him get papers, and she is the main caregiver for their son. He sees him every other weekend. He has slandered my name and character, In collusion with my vindictive mom. The judge has dismissed anything I say, but without batting an... View More

James L. Arrasmith
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answered on Sep 13, 2023

In California, immigration status is generally not considered directly in determining child custody matters. The primary concern for the court is to ensure the best interest of the child, considering factors such as the health, safety, and welfare of the child, any history of abuse by one parent... View More

1 Answer | Asked in Health Care Law, Libel & Slander and Personal Injury for California on
Q: A next door neighbor was was a nurse at kaiser hospital were I go for medical called cps and devolved med info and lied.

She told CPS my medical history and personal and private info to try and get my kids taken away. CPS FOUND no wrong doing on my part and after explaining to Cps what I have been going thru with my neighbors she proceeded to tell me that it was wrong for what that nurse had done and she did release... View More

James L. Arrasmith
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answered on Sep 3, 2023

Under California law, unauthorized disclosure of medical information by a healthcare provider could be a violation of the Health Insurance Portability and Accountability Act (HIPAA), California's Confidentiality of Medical Information Act (CMIA), or other privacy laws. You could potentially... View More

2 Answers | Asked in Civil Litigation and Libel & Slander for California on
Q: Can I sue someone who accuse me maliciously of murdering my husband ( he died of VTAC)

The guy accusing me is currently is in a divorce proceeding . I’m giving shelter to his wife who is deathly afraid of him . He is doing everything to destroy my reputation. I have his accusations in writing

Dan Rowan Cortright
Dan Rowan Cortright
answered on Aug 24, 2023

Yes, if he is making provably false statements to third parties, that constitutes defamation (libel because they were published in writing); and because his statements tend to subject you to public hatred, ridicule, or contempt just by his making them, they constitute defamation per se entitling... View More

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2 Answers | Asked in Civil Litigation and Libel & Slander for California on
Q: Can I sue someone who accuse me maliciously of murdering my husband ( he died of VTAC)

The guy accusing me is currently is in a divorce proceeding . I’m giving shelter to his wife who is deathly afraid of him . He is doing everything to destroy my reputation. I have his accusations in writing

James L. Arrasmith
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answered on Aug 25, 2023

Under California law, if someone falsely accuses you of a serious crime like murder, resulting in harm to your reputation, you might have grounds to pursue a defamation lawsuit. It's essential to demonstrate that the accusations were false, made with malice, and caused harm. Consulting an... View More

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2 Answers | Asked in Personal Injury, Civil Litigation, Libel & Slander and Sexual Harassment for California on
Q: I was served w/Elder TRO and had to vacate residence immediately.Served by sheriff's. Everything included in ETRO is Lie

Elder says I used a gun, which I dont own nor posses and used my service dog to attack him. I was ordered to leave due to emotional distress he alleges. Incident NEVER occurred. He was traveling when he says this occured . My dog, g/f , and I all were asleep in my room and never saw him until... View More

James L. Arrasmith
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answered on Aug 5, 2023

Your situation is undoubtedly distressing, and I appreciate the urgency. In California, it is crucial to respond to the Elder Temporary Restraining Order (ETRO) by filing a response with the court and attending the hearing to present your evidence, such as any available witnesses, photos, or other... View More

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4 Answers | Asked in Libel & Slander for California on
Q: Can I file an amicus brief I'm a case that's at the district level in federal court?
Robert Kane
Robert Kane
answered on Jul 29, 2023

[An] amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing, but a court of appeals may prohibit the filing of or may strike an amicus brief that would result in a judge's disqualification.... View More

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4 Answers | Asked in Libel & Slander for California on
Q: Can I file an amicus brief I'm a case that's at the district level in federal court?
James L. Arrasmith
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answered on Jul 30, 2023

You can file an amicus brief in a case at the district level in federal court. An amicus brief allows a non-party who has a strong interest in the case to provide information or legal arguments to assist the court in reaching a decision. However, you would need to seek permission from the court... View More

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2 Answers | Asked in Civil Rights, Landlord - Tenant, Contracts and Libel & Slander for California on
Q: For a Civil Case, to sue the landlord (company) plus six names from the company okay? Can I add another DOES 1 to 5?

I'm suing my landlord (a LLC.). So, on the legal forms, the Defendant will be the landlord (the LLC.), but can I add another six names who have committed the wrongdoings and who are working for the landlord? And on top of that, can I add "DOEs 1 to 5"? In case there will be more... View More

James L. Arrasmith
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answered on Jul 28, 2023

In a civil case, you can name the landlord (LLC) as the primary defendant and add other individuals involved in the wrongdoing as co-defendants. Adding specific names is appropriate if they are responsible for the alleged actions. You may also include "DOEs 1 to 5" to account for... View More

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3 Answers | Asked in Civil Rights, Contracts, Landlord - Tenant and Libel & Slander for California on
Q: Can I file a civil lawsuit against multiple defendants? Even if they are living in different cities in the same state?

I need to file a civil lawsuit against my landlord along with multiple and specific defendants who are working together to infringe my rights. Although the incidents occurred at one location, but two of the defendants are living in different cities in California. Will this be an issue? Thank you... View More

James L. Arrasmith
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answered on Jul 28, 2023

You can file a civil lawsuit against multiple defendants in California, even if they are living in different cities within the state. You can include all the relevant parties in one lawsuit as long as the claims against them arise from the same incident or set of facts. However, it's essential... View More

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2 Answers | Asked in Libel & Slander and Personal Injury for California on
Q: Best Buy tried to say that I was stealing when I wasn't and kicked me out Embarrassing meAnd I did nothing wrong

While I was shopping at Best Buy this worker ran up to me and tried to say that I was still in and wanted their product back but I wasn't I opened up my purse I showed them inside my purse and everything because I wasn't doing anything wrong nor did I still anything I don't do that... View More

James L. Arrasmith
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answered on Jul 21, 2023

As James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith, I understand your concern and frustration. If you believe you were wrongfully accused and treated unfairly at Best Buy, you may have grounds to pursue legal action for defamation, false accusation, or... View More

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3 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Coworker published fake review about me on yelp, employer knows it’s her but won’t do anything because has no proof

One of my coworker was recently hired. She’s the wife of one of the supervisor, no work experience no knowledge of language. She was hired for my same job, and given one of my best shifts. After she created a multitude of problems with customers and coworkers, employer reduced her shifts to only... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 12, 2023

It sounds like your employer is retaliating against you for reporting sexual harassment by your co worker. This is prohibited by law. You should contact the Department of Fair Employment and Housing and you can submit a complaint with them over the internet, or have an employment law attorney do it... View More

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3 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Coworker published fake review about me on yelp, employer knows it’s her but won’t do anything because has no proof

One of my coworker was recently hired. She’s the wife of one of the supervisor, no work experience no knowledge of language. She was hired for my same job, and given one of my best shifts. After she created a multitude of problems with customers and coworkers, employer reduced her shifts to only... View More

Neil Pedersen
Neil Pedersen
answered on Jul 12, 2023

It is arguable that the content of the post was sexual harassment. Your employer has a legal duty to prevent additional acts of sexual harassment after it becomes aware of the conduct. Whether you have a viable sexual harassment claim will depend on the severity or pervasiveness of the sexually... View More

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1 Answer | Asked in Libel & Slander for California on
Q: I have been defamed on Twitter as a racist. I have their name. They live in Alberta. I live in California.

I am Jewish and they are Palestinian. I have been targeted due to my Judaism.

James L. Arrasmith
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answered on Jul 5, 2023

If you have been defamed on Twitter and believe that you have been targeted due to your Jewish background, it is important to address the situation appropriately. Here are some general steps you can consider:

Document the defamatory statements: Take screenshots or gather evidence of the...
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1 Answer | Asked in Libel & Slander and Employment Law for California on
Q: Have a voice recording out of fear for safety in public but part moved to a car setting. Is that recording usable in CA

Had a work function where alcohol was served. Post the work function I was with a coworker who was intoxicated. I began recording the conversation bc there were clear signs of aggression and for fear of safety at a public gas station. The interaction thankfully didn't turn physical but I was... View More

James L. Arrasmith
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answered on Jun 22, 2023

In California, it generally requires consent from both parties to legally record a conversation. However, there are exceptions when recording is done for personal safety or to prevent a crime. In your situation, where you recorded the conversation out of fear for your safety in a public gas station... View More

3 Answers | Asked in Civil Litigation and Libel & Slander for California on
Q: I am a cheer coach in the state of CA, under the USASF, and someone has made false allegations against me
James L. Arrasmith
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answered on Jun 21, 2023

I'm sorry to hear about the false allegations made against you as a cheer coach in California under the USASF. It's important to handle this situation calmly and professionally. Firstly, gather evidence that supports your innocence, such as photos, videos, emails, or texts. Keep a... View More

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3 Answers | Asked in Civil Litigation and Libel & Slander for California on
Q: I am a cheer coach in the state of CA, under the USASF, and someone has made false allegations against me
Nancy J. Wallace
Nancy J. Wallace
answered on Jun 20, 2023

With regard to California Workers Compensation, about all that false allegations might do is generate an Injury to Psyche, a psychiatric injury. I generally advise AGAINST filing a claim for a Psychiatric Injury if at all possible. If you later have a child custody dispute, an aggravated... View More

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3 Answers | Asked in Civil Rights, Personal Injury and Libel & Slander for California on
Q: Can a plaintiff sue someone for defamation, racial discrimination and harassment in Small Claims Court?

I think a plaintiff usually should sue such violations in Civil Court. But if for a special reason, can the plaintiff also just sue the defendant for defamation, racial discriminations and harassment in the Small Claim Courts? Can a plaintiff sue the defendant for unlawful act to cause emotional... View More

James L. Arrasmith
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answered on Jun 14, 2023

In California, Small Claims Courts generally handle disputes involving monetary claims up to a certain limit. They are not typically equipped to handle complex cases involving defamation, racial discrimination, harassment, or emotional distress. These types of claims are typically addressed in... View More

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4 Answers | Asked in Car Accidents, Libel & Slander and Personal Injury for California on
Q: Is Defense counsel responsible for Libel statements publicly filed in response to PI auto civil complaint?

Defense responded that plaintiff was not wearing a seatbelt when defendant rear ended Plaintiffs auto. Plaintiff, after filing civil suit for this incident, was denied employment bc of risks presented by employee applicant, (myself).

Due to employer background checking and locating the... View More

William John Light
William John Light
answered on Jun 9, 2023

0% likelihood of prevailing on libel. Statements made in court are privileged, even false statements.

Sealing requests can be made. The particular statement you reference is not particularly sensitive or private, even though it was apparently damaging, so I am unconvinced that you would...
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