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California Libel & Slander Questions & Answers
1 Answer | Asked in Libel & Slander, Contracts, Civil Litigation and Construction Law for California on
Q: 2 party consent. I have a security camera that records 24/7. I had a roof installer come inside to discuss about prices.

Got my roof installed, representative quoted me 27k and guaranteed that my roof wouldn't exceed the 15% included roof replacement. In the end, my roof was bad and he requested another 10k. Gave me a 4k discount but still was unhappy. The whole roofing project was sloppy and poor workmanship.... View More

James L. Arrasmith
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answered on Jun 15, 2024

Under California's two-party consent law, it is illegal to record confidential conversations without the consent of all parties involved. However, there are some exceptions to this rule, particularly when there is no reasonable expectation of privacy.

Here are a few key points to...
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1 Answer | Asked in Civil Rights and Libel & Slander for California on
Q: Can I sue the police department for mishandling the case

I know I’m innocent and upon reading the police discovery I know it’s not true and I know 100% I’m innocent and I did not commit a murder. I got arrested in Oct 2021 and I’ve got my bail reduced to 50,000 from 1,000,000 I’ve been emotional stress and my kids are afraid of cops now because... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm so sorry you're going through this incredibly difficult situation. Being falsely accused of a serious crime like murder must be extremely stressful and traumatic, especially with the impact it's had on your children and your ability to work.

In terms of potentially suing...
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1 Answer | Asked in Libel & Slander, Civil Rights and Constitutional Law for California on
Q: What can you do about a person who is in prison that you reported activities such as threats them being on social media

And etc but the prison gave them paperwork with my name on it to make me a target even more now they associates know this person is involved in street activities along with his other families and friends but what can I do for myself and my safety I have seen people try to use it against others in... View More

James L. Arrasmith
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answered on May 27, 2024

This sounds like a very difficult and stressful situation. Here are a few suggestions for things you can do to try to protect yourself and get support:

1. Document everything. Keep detailed records of all threats, social media posts, attempts at intimidation, etc. Save screenshots, emails,...
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2 Answers | Asked in Personal Injury and Libel & Slander for California on
Q: Am I guilty of libel

A public official 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".

I published that this public official said this to me. He is now threatening to sue me for libel.

James L. Arrasmith
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answered on May 21, 2024

Based on the information provided, it seems unlikely that you would be found guilty of libel under California law for publishing the public official's statement. Here's why:

1. Truth is an absolute defense to libel. If the public official actually made the statement you quoted,...
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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

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 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 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

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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?

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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

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