Legal Question in Civil Litigation in California

Deformation in court documents

I recently sued an accountant and the verdict is still under review. I am confident from the judge�s questions that I will receive some compensation. However, prior to the trial the defendant stated he would be suing me for deformation for making my accusations part of the public record. In my complaint I alleged, fraud, deception, deceit, incompetence and over billing. I think I proved my case and have not mounted any type of slander campaign. So my question is, is it possible to be sued for suing someone or the wording of the complaint?

Also if I do prevail and this does become a matter of record, can I be sued for then reporting this person to other �appropriate� government agencies?

Thank you for your time.


Asked on 4/28/08, 8:33 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Deformation in court documents

Anyone can sue for anything. Whether they prevail is a different story. The answer to your question (assuming you're asking about prevailing) is "no." Court filings are absolutely privileged as are reports to governmental agencies. If he should file, then I'm sure you can find an attorney in Woodland Hills (or even in San Francisco) who would be happy to file an anti-SLAPP motion. If you want to research this in your spare time, look at Code of Civil Procedure sections 425.16 and 425.17, and Google "SLAPP motion". Good luck!

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Answered on 4/28/08, 8:46 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Deformation in court documents

Hello. If your allegations proved to be true in court, you have nothing to worry about.

Truth is a complete defense to defamation action.

Thank you.

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Answered on 4/28/08, 9:36 pm


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