Legal Question in Civil Litigation in California

Re: Cease and Desist

What you mean by bad-mouthing is unclear. There are laws for libel and slander which provide remedies. A letter from a lawyer may deter future problems and if no serious damage has been done is a good option. It has no legal force, though, by itself. You can seek an injunction if you file suit. This is costly though and not recommended unless the consequences of the "bad mouthing" are serious. Without knowing the level of "bad-mouthing" involved, it possibly may rise to the level of an intentional infliction of emotional distress suit.

You would be best advised to discuss the specifics with me or another lawyer who will give you an initial consultation.

Re: Cease and Desist

You can have an attorney send a cease and desist letter and then seek a court order although that may be tough considering you are seeking to curtail an individual's speech-Martin

Re: Cease and Desist

I can draft a cease & Desist letter for you.for a nominal cost..it is better if it comes from a lawyer.

Re: Cease and Desist

A letter from an attorney may not have much effect and cannot be enforced. A court order can be enforced by sheriff deputies.

Re: Cease and Desist

It is called an injunction, and you cannot get an injunction against speech. You cannot get a court order prohibiting "bad mouthing", but you can get an order for money damages--which usually works just as good. You may have a cause of action for defamation of character--probably something you would take to small claims court unless the person sued has big bucks and has cost you serious financial problems (i.e. caused you to lose your job and your neighbor owns the apartment complex you live in). A letter from a lawyer would say stop bad--mouthing or a defam of character lawsuit will follow.