Defamation (Slander) Calif

What is the name of your state? Calif

"Sally Smith" phoned the President of a Chapter of a nonprofit organizaiton and during the conversation stated ""Betty Booth (used my name specifically) and her husband (used his name specifically) are thiefs and embezzlers. They've stolen money from the organization. The President stated.. you're just angry. She stated "No, they stole money and "Mr. Sam Spade" backs up my story and agrees with me". She also added "And I've already filed charges with the District Attorney against her" "Also,,, I don't care if they lose their children over this!" Apparantly she didn't know we are friends with the President.

The President immediately notified me of what she was saying. I have since discovered she has not filed charges with the District Attorney and this person she said "Mr. Sam Spade" who backed up her story told me he doesn't even know who she was and that he thought very highly of my husband and me. Therefore, both of those are lies.

This President notified the main President of the organization and let them know what this person is doing. I notified the President as well. I also called the police who wanted her personal info (name, description, address, etc.) since she threatened harm could happen to our children.

I have statements from both the President (who she directly told this info to) and from Mr. Sam Spade stating he doesn't know this lady and he in no way feels my husband and I are thiefs or embezzlers.

Im a family therapist and I have clients in this organization. If they hear this they may have concerns. Also. anyone who doesn't know me certainly won't hire me if they hear this.

I've contacted the organizaiton and requested a formal financial audit to take place on the financial matters I handled while I was in the organization to clear my name.

I want to file small claims against her for defamation (slander). Do I have a case? If so, how do you determine damages $$$?

Thanks!

Beth8113 said:

What is the name of your state? Calif

"Sally Smith" phoned the President of a Chapter of a nonprofit organizaiton and during the conversation stated ""Betty Booth (used my name specifically) and her husband (used his name specifically) are thiefs and embezzlers. They've stolen money from the organization. The President stated.. you're just angry. She stated "No, they stole money and "Mr. Sam Spade" backs up my story and agrees with me". She also added "And I've already filed charges with the District Attorney against her" "Also,,, I don't care if they lose their children over this!" Apparantly she didn't know we are friends with the President.

The President immediately notified me of what she was saying. I have since discovered she has not filed charges with the District Attorney and this person she said "Mr. Sam Spade" who backed up her story told me he doesn't even know who she was and that he thought very highly of my husband and me. Therefore, both of those are lies.

This President notified the main President of the organization and let them know what this person is doing. I notified the President as well. I also called the police who wanted her personal info (name, description, address, etc.) since she threatened harm could happen to our children.

I have statements from both the President (who she directly told this info to) and from Mr. Sam Spade stating he doesn't know this lady and he in no way feels my husband and I are thiefs or embezzlers.

Im a family therapist and I have clients in this organization. If they hear this they may have concerns. Also. anyone who doesn't know me certainly won't hire me if they hear this.

I've contacted the organizaiton and requested a formal financial audit to take place on the financial matters I handled while I was in the organization to clear my name.

I want to file small claims against her for defamation (slander). Do I have a case? If so, how do you determine damages $$$?

Thanks!

Click to expand...

My response:

You have what is called a "slander per se" cause of action. You file for the FULL $5,000.00 limit in Small Claims court, and you subpeona everyone that you know who spoke to this woman, to testify at time of trial.

IAAL

Of course it's not true. But that's why I'm requesting an outside financial expert to proceed with a complete audit and to send me a letter disclosing the outcome.

I will bring the letter from the auditor to court with me to show I am in fact not a "thief and embezzler" and that all finacial records are very accurate.

Thanks for your input. I think I'll proceed with this in small claims

Another question...

I have to file this in a city that's a 2 hour drive since that's where the defendant lives. One of my witnesses has a hard time driving. How effective is a notarized statement from him?

I'm sure the person she made the direct comments to will be able to appear with me.

Thanks!