Legal Question in Constitutional Law in California

Re: Slander

It could be, unless what he says is true. Only false statements can be defamatory. You wrote that the police have never come to your house but that doesn't mean he's wrong. If someone in your home uses drugs then you'll have a hard time winning. If not, then you should prevail.

But even if you have a winning case you may not be able to collect much in damages. Demanges in defamation cases are primarily for harm to the plaintiff's reputation. You say that he made these comments to his kids but that they know better; if this is so he hasn't damaged your reputation in their eyes. This leaves only the realtor, and it doesn't sound like she believes him either. Even if she does she is only one person and I don't think such limited harm to your reputation will get you enough damages to justify the expense and bother of a lawsuit.

You can also seek damages for your emotional distress, but you will only be compensated for a reasonable level of such distress. If only one person outside your neighbor's family has heard these comments and if you set her straight, a jury may feel you are overreacting.

If you can show that your neighbor is being wilfully false you may be able to win punitive damages as well, but punitive damages must be proportionate to the actual harm the defendant has caused. Since the harm seems to be rather modest, the amount of punitives you can realistically win probably isn't very substantial. Keep in mind too that the amount of punitives also depends upon the defendant's financial condition; if your neighbor has limited income and little net worth then you may not be able to get punitives at all. (Punitives are also tied to the reprehensibility of the defendant's conduct, but making false accusations of drug use seems reprehensible enough to me.)

Your first step should probably be to have a lawyer write a cease-and-desist letter for you. Such letters can be very effective in situations like yours, and they are a lot less expensive than going to trial. Even if the letter fails, having written it will make you appear more reasonable to the jury than you would if your first response was to file a lawsuit.

If the letter fails and you must go to court you may be better off just seeking a restraining order. Such proceedings are less complicated and less expensive than a defamation claim, and will probably be resolved much more quickly.

Feel free to contact me directly if you'd like to discuss your situation further.