Legal Question in Civil Litigation in California
I asked a question earlier today but I don't think I gave enough details to get the answer I need so I will try again. I am a pro per Plaintiff in a civil suit (had an attorney but had to leave him because he wanted lots more money that I didn't have). I am less than 2 months away from trial. In the meantime, the Defendant's wife sent out a 7 page letter to a lot of people including all of the witnesses I have in my behalf. To say that this letter is defamatory is an understatement...she FALSELY accused me of everything from stealing from the government to being a sexual deviate. I am convinced that her husband, the Defendant, played a part in this letter as well.
Needless to say, I want to take legal action against them for his grossly defamatory letter, but I don't know if I can file another civil suit while I have the first one already pending.....I don't think wanting to take action against this defamation makes me a "vexatious litigant."
2 Answers from Attorneys
I would need more details before I could offer any advice, but it sounds like your defamation claim against the wife would be distinct from your case against the husband. If that's true, you could pursue it in a separate case and would not have to wait until this case is over before you file it.
You should consult with a lawyer before suing, even if you can't hire one to represent you. Defamation is a somewhat tricky area of the law, and there are a variety of privileges that might get in your way. A bit of legal advice up front may prove invaluable down the road.
Good luck.
A lawsuit for defamation triggers a special motion to strike (anti-SLAPP) and raises the issue of whether the statement is privileged if made within the context of litigation. I suggest speaking to an attorney before filing something that may cause you to be liable to the other side for a huge attorney's fees bill.
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