Who do I sue..Individual or Corp or both

What is the name of your state? CA

I'm going to be filing a small claims case but not sure who to file it against.

A person identified herself as a member of the Board of Directors of a non-profit organization, she made threats (harm against my children) and slanderous statements to another individual regarding me.

Do I take the case up against "her" or the "organization" since she was a "representative" of theirs?

Or do I take it up with both of them in separate suits?

The organization is now saying she shouldn't have made such statements and wasn't directed to do so. They're saying she acted on her own.

My response:

Unless you can prove "course and scope" or "ratification", then your only possibility is to sue only her.

IAAL

Most states do not allow a claim of slander to be heard in the small claims courts. In reviewing the CA CCP (§116.210, et seq), it appears that California is one of them. Liable??

JETX said:

Most states do not allow a claim of slander to be heard in the small claims courts. In reviewing the CA CCP (§116.210, et seq), it appears that California is one of them. Liable??

Click to expand...

My response:

Yes, California Small Claims court does allow actions for Libel and Slander. Remember, the code only requires "recovery of money" - so, if damage was caused resulting in monetary damages, both actual and punitive, then defamation is a properly within the jurisdiction of Small Claims to "recover" and obtain such sums.

IAAL

Thanks.
Though I do have to believe that by allowing sometimes 'abstract' claims of slander to be heard in small claims must make 'docket call' rather interesting....

Bailiff: "Your honor, the next case is Cali-bay vs IAAL, for slander in calling her a skank and a slut".

JETX said:

Thanks.
Though I do have to believe that by allowing sometimes 'abstract' claims of slander to be heard in small claims must make 'docket call' rather interesting....

Bailiff: "Your honor, the next case is Cali-bay vs IAAL, for slander in calling her a skank and a slut".

Click to expand...

My response:

Your honor - - the "truth" is an absolute defense!

IAAL

Course and Scope

Thanks for the input.. it helps me think things through.

You're right about "course and scope" (but of course you knew that).

Here's the scenario....
Board Member calls a President and states.. "I'm calling you as a Board Member from XYZ Organization. You need to know that you're doing a terrible job and the organization believes you are embezzling funds therefore we are going to press charges.(Now that statement didn't apply to me, but...)

this is the part that applies to my suit (read below)....

She then states..."and Betty (me) and her husband are known thieves and liars and they stole $3200.00 for personal use. I have proof of this and Mr. X agrees with me and has told me directly that when he was treasurer he also felt they were thieves. This organization is going to press charges, in fact, a complaint has already been filed with the District Attorney's office. Also, I don't care if harm comes to their four children... they deserve it."

The person who received this call was very worried and concerned for me and my husband so he phoned us immediately. He stated she went ballistic on the phone when she was making these statements.

1. My husband and I are no longer members of this organization. We left about a year ago. She's referring to a time when we served as Board Members which was about 1 1/2 - 2 years ago.

2. I called the District Attorney's office and they have no complaints filed against us (So she made a statement that she knew was false but would make it look more possible, thinking the D.A. would have taken the complaint)

3. I have spoken to Mr. X.. the old treasurer.. and he stated he doesn't even know this lady... has not spoken to her.. and never in his wildest dreams felt we were thieves or embezzlers. (So this is another statement that she knew was false but made it anyway to further make me look bad)

4. I feel (but not sure) she was acting in course and scope as her position requires her to notify other board members if they are doing a poor job. She was doing that... but then went off the handle and stated the "organization" was pressing charges then brought me into the picture by stating I was a thief, embezzler and liar and charges with the D.A. have already been filed, thus jeapordizing my reputation. (I'm a Family Therapist in the community and if these accusations get out it could be real bad).

5. I've notified the International President who's very high up in the ladder and does know much of what goes on in the entities below her. She stated she was very sorry this happened and is now consulting with their legal counsel. She stated what this person did was very wrong and should never had made threats against my children. She said she'll get back to me after she speaks to the organization's lawyer.

6. Because of the threats against my children I notified my local police dept. They took it seriously and asked me for all her personal info (description, age, last known address, etc.)

So back to my original question...
Can I sue both of them?

It's hard to convey in this message board how frightening it is when someone makes a threat against your children.. and is spreading around that I'm an embezzler and thief. I don't think this lady is "emotionally stable" but I know I have to be careful not to say anything because I don't want to fall into making slanderous statements myself.

I can't just let this go. She's been making statements like this for over a year. It's just now that I have someone who was so frightened by it they will testify in court against her. This is the first time I'm actually able to get concrete witnesses.

How would all you lawyers (or lawyers in training) handle this if this happened to you?

Thanks

other than telling the president of the board, do you know if she told anyone else? if she only told the president and the president does not believe the allegations made against you, slander hasnt occured to the extent you can recover damages. Why? Because the slanderous statement was not believed by the recipient of the statement.