Legal Question in Civil Litigation in California

Dear Law Guru(s):

I think I have a defamation of character case (libel and possibly slander) against my ex-boyfriend. After we broke it off last year for good (unhealthy relationship) his feelings were hurt and he spread some rumors. I knew this would happen and braced myself for the onslaught of mixed emotions. I did not respond because I was not interested in continuing the drama.

After I began to date a new guy he realized I was not going to go out with him anymore, my ex-boyfriend started to do a lot of cyber bullying on social networking websites we both frequent. We have the same circle of friends - it became quite awkward to go out so I avoided public places and social gatherings. Essentially, I disappeared for 3-4 months and let it blow over. After one year of no contact on my end, but plenty of delusional online message board posts from him, I still see slanderous remarks as if its a fact. Its embarassing to know that anyone can read the comments.

What he may not know is that I've taken screen captures of every online bully instance without response of provocation. I have a 63 page PDF document as my burden of proof. He doesn't make a lot of money but I want to prove a point by suing him for either money or a published apology or something - my point is that bullying someone online is not okay and should have consequences. Spreading rumors can hurt more than emotions - careers suffer, business contacts shy away, etc. I have some published articles tied to my name and this could hurt my reputation as a scholarship recipient and a volunteer with a large charity organization.

Since he said a lot of nasty things about me I have lost quite a few friends. In fact, one came to me and admitted believing the slanderous ex-boyfriend. We've since reconciled and I've heard a number of people say that for 9 months all he did was bad mouth me to anyone that would listen. Its fairly disturbing to hear all this. He has since begun dating someone else, but messages are still sprinkled here and there for anyone to see. It has been one year since I started the relationship with the other person and I'm still plagued by discomfort and shame.

Does anyone know an affordable way to sue him? A restraining order was considered but has many flaws. I would not be able to go out AT ALL - FB summarized it well - we have 104 friends in common. I want my life back and I want him to leave me the heck alone.

-D


Asked on 7/08/10, 5:47 pm

2 Answers from Attorneys

Unless you have provable economic damages, you don't have all the elements of a case for defamation (libel and slander are both defamation, one written the other verbal).

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Answered on 7/08/10, 9:00 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You do appear to have a good case for stalking, and you might be able to get an award of punitive damages, and you'd be able to hassle him (garnish his wages, drag him into court, etc.) more or less forever. Search (Civil Code 1708.7).

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Answered on 7/08/10, 9:40 pm


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