Legal Question in Civil Litigation in California

My husband's friend is going through a custody battle with his ex-wife.

My husband is a convicted felon out on Parole. She is accusing my husbasnd of being convicted of Murder/Manslaughter and does not want her kids around my husband. That is fine. However my husband has never been charged or convicted of either of those charges. Can we sue for Defimation of character.


Asked on 11/18/10, 4:48 pm

1 Answer from Attorneys

1. If she is only making those accusations in connection with the legal proceedings (and pretty much even the loosest connection to the proceeding is enough) then they are priviliged, meaning they cannot be the basis of a lawsuit. 2. Even if they are outside the litigation privilege, you must prove economic damages in order to have a cause of action for defamation. So unless her statements have caused you monetary losses that you can prove would not have happened if she had said what your husband truely was convicted of, you have no case.

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Answered on 11/23/10, 6:36 pm


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