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Defamation (Slander) Calif

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Beth8113

Junior Member
What is the name of your state? Calif

I'm repeating this thread since the last one became filled with so much gobbilty goop. =) Below is the orginal problem and the response I received.

My next question is:
I have to file this in the courts which are nearly 2 hours away since that's where the defendant lives. One of my witnesses will not be able to drive that far.

How effective is a notorized statement from him?

The main witness will definately appear and repeat what was stated to him.

Thanks!
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Re: Defamation (Slander) Calif
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!


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
 


HomeGuru

Senior Member
IAAL already responded. In trial, a notarized statement will not do since the opposing party will be unable to cross-examine a piece of paper.
 
H

hjallge

Guest
If you subpeona him like IAAL suggested that you do, then there will be no problems at all. I personally wouldn't want to risk losing my case due to lack of evidence. When you sue someone in small claims court, the burden of proof is on you, and if the judge discards the statement, then you are **** out of luck.
 

Beth8113

Junior Member
Another Question:

This lady is a Board Member of this nonprofit organization. She phoned this President regarding organization business and during the conversation she made the very slanderous statements regarding my husband, myself and my children.

The President that heard her comments immediately notified the International President of the slanderous statements this Board Members was stating. The reply from the organization was that this lady should have never acted that way and was not authorized from the organization to make such statements.

When I go to court I plan on suing her individually but I want to be sure the Judge isn't going to say that I should have gone after the organization since she is a Board Member of the organization.

What are your thoughts?

Thanks!
 

Beth8113

Junior Member
See the Court Clerk about how to serve a supeona... Okay.

But what about who I sue? Her as an individual... or the organization because she's a Board Member of theirs? Or do I sue both?

The organization is a great organization and I have no hard feelings about them.. I just think they have someone who isn't acting on their best interest. I just don't want to get to court and the Judge tell me I screwed up.


Thanks!
 
J

JessicaTS

Guest
How easily could you collect from this individual?

Did the slanderous remarks occur at the non profit, and was she acting as a representative of the organization?

I nearly sued an individual in a torts claim, but opted to sue the organization over breach of contract instead. The organization is more likely to pay, IMO.

just my .02; I ain't no lawyer :D

-J
 

Beth8113

Junior Member
You brought up a good point.

She was on a phone conversation, as a representative of this non-profit organization (she's a board member). She was being very offensive to the President of one of the Chapters (she's at a higher level) letting him know he needs to be doing a better job. During this conversation she brought up my husband and myself (we haven't been part of this organization for 9 months) stating we are "embezzlers and thiefs". She made extremely slanderous statements.

The organization has made a statement that she shouldn't have called. Thus wasn't acting on their behalf. Are they just trying to save themselves?

So...do I sue her as an individual or can the organization's defense be... "well, we didn't ask her to call and make these statements"

How did your case turn out?
 

stephenk

Senior Member
Make an appointment with an attorney. You are serious about your claim, but your lack of legal knowledge will seriously hurt your case.

You can either pay an attorney to prepare paperwork and serve witness subpoenas or maybe even tell you the case is too complicated for small claims and you should file a limited jurisdiction action.
 
J

JessicaTS

Guest
Contact the state bar and request a referral. Its available to anyone, as far as I know.

You can sit and work out a strategy with an attorney for just $35 with this program; otherwise it will cost $65 or more. (and then $150-$500 hr, thereafter) You can usually get the advice you need, and if not, they can point you in the right direction.

Its worth it, believe me ;)

-J
 

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