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California Libel & Slander Questions & Answers
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...
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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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2 Answers | Asked in Criminal Law, Sexual Harassment and Libel & Slander for California on
Q: Allegation of Sexual Assault when accused was a minor and alleged victim was 18. Is the allegation still valid?

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Dale S. Gribow
Dale S. Gribow answered on Jun 5, 2020

more info needed.

don't discuss sensitive info like this on a public forum.

make an appt with a criminal lawyer in your area to check the court computer to learn of any filing....and status with DA..........though you may not want to wake a sleeping dog.

anyone can sue...
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4 Answers | Asked in Personal Injury, Civil Litigation and Libel & Slander for California on
Q: What kind of lawyer would I need for suing an ex boss

I was let go because of false accusations made my a third party from my job. My boss refused to pay me because of an outstanding loan because he applied it to that. I told him he can’t do such and I would file a wage claim. Once he received the conference notice he filed a police report saying I... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 12, 2020

MORE INFO WOULD BE HELPFUL

I ASSUME YOU ARE USING A LABOR/EMPLOYMENT LAWYER AND THAT IS THE PERSON TO ASK.....

SH/E CAN GIVE YOU DIRECTION ON RETAINING A CIVIL LITIGATION LAWYER .......HOWEVER, IT MIGHT BE HARD TO FIND ONE THAT WILL TAKE THE CASE ON A CONTINGENCY

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1 Answer | Asked in Business Law, Civil Litigation, Libel & Slander and Small Claims for California on
Q: Can a company come after me legally for negative social media or internet posts?

I was involved in an influencer and wholesale arrangement with a company.

The "influencer" portion was to advertise for their company on your social media platforms.

When a person purchases through your unique link, their influencer dashboard lists it as a... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on May 6, 2020

Yes and No. Anyone can threaten to file or file a lawsuit. That does not mean the lawsuit has merit. There is a balance between free speech and false statements that is at the heart of these online review cases. If you are truthful and accurate in your statements they would have a hard case,... Read more »

1 Answer | Asked in Libel & Slander and Personal Injury for California on
Q: Do Safeway security guards in San Francisco have the right to put hands on you

Safeway security guard in San Francisco banged on bathroom door accuse me of stealing and being a thief said he was calling the police to tell my van and I was selling drugs in the parking lot none of this was true then a separate guard grabbed me from behind pick me up place me outside the store... Read more »

William John Light
William John Light answered on May 3, 2020

Possibly yes. Possibly no. It depends on the circumstances. If you were reasonably suspected of being a thief, the store has certain rights to use reasonable force to effect a citizen's arrest. If you were arguably a danger to store personnel or patrons, they had a right to use reasonable... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Small Claims for California on
Q: i have been staying at this hotel in cali for 2 months same room never checked due to coronavirus I cant pay

becuase i cant work on the 22 I was told I owe 250 in which the manager wouldn't give me my receipts because I would get lawyer then the police were called to remove me I told them what happened they said to be out by the next day and left thats when the hotel manager said she was wrong I owed... Read more »

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

I can't even make out what your question is. You can't go anywhere due to the coronavirus restrictions, so just stay where you are. The hotel will get paid eventually by the government, so there's no reason to worry about anything.

Always be polite with the police. And try to...
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