Legal Question in Civil Litigation in California

Acussed of having a substance abuse problem

My wifes ex husband is acusing me of having a substance abuse problem both in public and court documents how can I stop him and can I sue him for his false acusations


Asked on 4/29/09, 7:09 pm

1 Answer from Attorneys

Adam Telanoff Telanoff & Telanoff

Re: Acussed of having a substance abuse problem

A false statement made in public is slander. You can sue someone for slander, and that will certainly get his attention.

Normally, you have to show some damages. This may be difficult. However, some slander is considered so defamatory that you do not need to prove damages. False claims of a substance abuse problem could rise to that level.

Here are your problems:

1. Truth is an absolute defense, but the truth is not absolute. You need to be able to prove exactly what he is stating about you, and that it is clearly false.

2. Statement made in Court and in Court documents are absolutely privileged. You cannot sue someone for defamation based upon a statement made in court or in a court proceeding. Therefore the statements have to have been made outside of court.

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Answered on 4/29/09, 7:28 pm


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