Legal Question in Business Law in California
Defamation by libel
Am I able to enter a complaint as the plaintiff for defamation if a person who is not a party in another proceedings filed a declaration that is false and malicious and knowingly filed this declaration for what appears to be a consideration (monetary help).
3 Answers from Attorneys
Re: Defamation by libel
No, Civil Code section 47 confers an absolute privilege on statements made in the course of litigation, with an exception for certain aspects of family law matters. There is no tort recovery for perjury, either; see Taylor v. Bidwell (1884) 65 Cal. 489 at page 490.
Re: Defamation by libel
No. Documents and testimony filed in court are protected by the litigation privilege.
Re: Defamation by libel
No, but you might bring it to the attention of the jury or judge in the court where the matter is pending.
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