Slander Case?

[Walk]

What is the name of your state? California

I'm writing this on behalf of a mentally disabled friend.

First some background. My friend lives in a small cottage next to a larger house. The units are separated. Both my friend and the people living in the house have the same landlord.

Recently my friend was very ill and had to call 911 for emergency services. Police, fire, and paramedics arrived and transported my friend to the ER for treatment. Shortly after, the neighbors contacted the landlord and told the landlord that my friend had been arrested for using "speed" (methamphetamine, I think). My friend has never used this drug, this is a lie. Apparently the landlord believed this story and contacted my friend's father, who is a co-signer for the rental lease, he is the one who pays the monthly rent.

This is not the first time the neighbors have harassed my friend. The landlord is aware that the problems between the two have been on going for some time now and is in the process of evicting my friend for unrelated issues. I believe that the neighbors did this to be malicious and were hoping that it would lead to a faster eviction than the 60 day notice currently in place.

Does my friend have a case for slander? Is this something that can be handled in a small claims court in California? Would it be possible to have the landlord testify as proof that the neighbors were slandering my friend? If slander is not something that can be presented in a small claims court, would a lawyer be likely to take this case on contingency? My friend cannot work due to mental illness and lives off of a small social security check each month, she would not be able to afford a lawyer, but is probably capable of presenting herself in a small claims court.

 

[quincy]

You mentioned that the landlord is evicting your friend for "unrelated issues". If these issues had nothing whatsoever to do with the apparent slandering of your friend by his neighbors, it would be difficult to show any damages your friend suffered from the comments made. Winning any defamation suit, based on what you wrote, would be unlikely. I do not believe your friend has a case worth pursuing.

 

[Walk]

Thank you for the quick reply Quincy.

In the event that the eviction is changed from a 60 day notice to a 3 day notice as a result of this recent slander, would damages then occur?

I take it that emotional distress is very difficult to prove in court and would likely not result in any sort of substantial monetary compensation?

 

[quincy]

If your friend has already been given a 60 day eviction notice, the landlord could not change that time frame. Your friend has 60 days to move.

Slander is difficult to prove and to win. There is nothing in writing, so it is often a matter of he-said, she-said. Witnesses would need to come forward to support your friend's claims of defamation. Plus the "injury" that can be shown from slander is less than from libel, which is written and therefore more permanent, so the damages awarded are often substantially less. Infliction of emotional distress and mental anguish are especially difficult proofs to make, and often require medical documentation.

The costs of bringing a defamation suit and the time involved in pursuing such a suit, is often not worth the amounts awarded, IF any amounts are awarded at all - and there is never a guarantee of winning, even with evidence more compelling than what you are indicating here.

It does not seem, from what you have written, that your friend has a good enough basis for winning a defamation suit.

Sorry.