Legal Question in Business Law in California

Defamation suite
I wanted to buy a restaurant from this guy, if he transfers the lease he has with the landlord. While the transfer is still not done, he already took about $15,000 from me. When he asked me for more money, I told him I do not want to do the business anymore and asked for my money back. He said he does not any money and planning to file for bankruptcy. I talked to the lanlord of the business about this. Now this guy is threatening me with a De-Famation law suite, that his credit history has been ruined by me! Can he really file defamation case against me and How do I get my money back ?

Thanks for helping

Asked on 2/03/05, 7:14 pm

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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Re: Defamation suite

If the seller files bankrupcy, you may have a great lawsuit against him in bankruptcy court called an adversary proceeding. Due to California Anti Slapp statute, you probably have a defense against his proposed lawsuit. How could you damage his credit unless you reported it to a credit reporting agency. I suggest that either you or an attorney, negotiate with the landlord to take over the space. Your contract and lease should be reviewed. Please call me if you need any other assistance.

Answered on 2/06/05, 12:30 pm

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