What is the name of your state?CA
What specific paper work do I need to create or fill out to file a defemation of charcter duit in california. I am cretian I meet the criteria, and I have damages.
California law defines "defamation" as either "libel" or "slander".
Libel involves statements expressed in writing, picture or fixed
representation, so you are correct to be thinking of slander. Pursuant
to statute (California Civil Code Section 46):
Slander is a false and unprivileged publication, orally uttered, and
also communications by radio or any mechanical or other means which:
1.Charges any person with crime, or with having been indicted,
convicted, or punished for crime;
2.Imputes in him the present existence of an infectious, contagious,
or loathsome disease;
3.Tends directly to injure him in respect to his office, profession,
trade or business, either by imputing to him general disqualification
in those respects which the office or other occupation peculiarly
requires, or by imputing something with reference to his office,
profession, trade, or business that has a natural tendency to lessen
its profits;
4.Imputes to him impotence or a want of chasity; or
5.Which, by natural consequence, causes actual damage.
In other words, to prevail in a cause of action for defamation, a
plaintiff must establish the following:
A. The defendant made a statement about the plaintiff to another
person or persons;
B. The statement was false and unprivileged;
C. The statement falls under one of the statutory classifications (1 -
According to Section 340 of the California Code of Civil Procedure,
the statute of limitations for slander is normally one year from the
date of publication. Each new time the false statement is made would
constitute a "publication". This statute, also, is available on the
website of the Legislative Counsel of California,
What specific paper work do I need to create or fill out to file a defemation of charcter duit in california. I am cretian I meet the criteria, and I have damages.
California law defines "defamation" as either "libel" or "slander".
Libel involves statements expressed in writing, picture or fixed
representation, so you are correct to be thinking of slander. Pursuant
to statute (California Civil Code Section 46):
Slander is a false and unprivileged publication, orally uttered, and
also communications by radio or any mechanical or other means which:
1.Charges any person with crime, or with having been indicted,
convicted, or punished for crime;
2.Imputes in him the present existence of an infectious, contagious,
or loathsome disease;
3.Tends directly to injure him in respect to his office, profession,
trade or business, either by imputing to him general disqualification
in those respects which the office or other occupation peculiarly
requires, or by imputing something with reference to his office,
profession, trade, or business that has a natural tendency to lessen
its profits;
4.Imputes to him impotence or a want of chasity; or
5.Which, by natural consequence, causes actual damage.
In other words, to prevail in a cause of action for defamation, a
plaintiff must establish the following:
A. The defendant made a statement about the plaintiff to another
person or persons;
B. The statement was false and unprivileged;
C. The statement falls under one of the statutory classifications (1 -
According to Section 340 of the California Code of Civil Procedure,
the statute of limitations for slander is normally one year from the
date of publication. Each new time the false statement is made would
constitute a "publication". This statute, also, is available on the
website of the Legislative Counsel of California,