Legal Question in Civil Litigation in California

Freedom of Speech versus Defamation of Character

I agreed to do a landscape job for a homeowner. I agreed to purchase the materials in advance and he stated ''Just let me know how much you spend and I'll reimburse you.'' I completed the job...billed him for labor and materials.

He refused to pay the amount for materials stating that he did not believe I purchased that amount. He paid me the labor and less than half of my material costs. He is refusing to pay me the additional money unless I produce receipts for my purchases...these are long gone as I was simultaneously going through a divorce and they went out in bags of trash..thank you ex-wife.

He is a very visible real estate professional. If I place a sign on my person vehicle stating:

''I believe (name here) owes me $175.43 for landscape materials which I purchased and used in improving his property. If you see (name here) please encourage him to pay me the balance of my bill for landscape materials.''

does this constitute defamation of character or am I within my first ammendment right to freedom of speech?

Thanks for your time.

Rafe


Asked on 2/10/04, 7:51 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Freedom of Speech versus Defamation of Character

If you have an inventory of what you purchased, you can get the written cost from your supplier. You would need that if you had to sue your customer, in any case. Let him review them and he might better understand your position.

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Answered on 2/10/04, 8:24 pm


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