Legal Question in Civil Litigation in California

Libel Lawsuit

An ex-girlfriend I dated for 9 months had a restraining order filed against me for harassment. She claims I pushed her in the workplace,that she found a bullet in her locked desk and she claims I harassed her for six months at the workplace.This is according to the paperwork she filed with the court. I consented to the order, however there is no evidence or proof of the allegations filed in my personnel file, (she was my supervisor) nor does my boss know anything about it. Additionally, law enforcement has never been involved in ths matter.The only documentation is what she filed with court. Do I have a basis for a libel, defamation of character or slander lawsuit? If so, would I file it in small claims court or higher?


Asked on 12/04/99, 11:13 am

3 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Libel Lawsuit

Statements made in the course of litigation are priviliged and generally you cannot base a defamation suit on them. See California Civil Code section 35, I think its 35.

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Answered on 12/06/99, 4:01 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Libel Lawsuit

I agree with Mr. Koury; if her statements were made only to police and to the courts, then they are privileged and cannot be the subject of a defamation action.

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Answered on 12/06/99, 6:10 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Libel Lawsuit

Mr. Koury is correct in his statement. Howevr, this privilege applies only to statements made in court documents and in court. The statements to the police is not privileged. If she made false statements to the police you can sue for those statements. There is a cause of action for filing a false police police report.

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Answered on 12/07/99, 4:03 am


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