Legal Question in Civil Litigation in California
I just had a question regarding my ex who keeps using a restraining order to defame my character and I have now lost my job and daycare license.
My ex for the second time filed that i violated a bogus restraining order and the charges were dismissed. I did file a claim for damages in small
claims court broward county florida and my ex atty filed for dismissal because I did not state a cause of action. Both of my employers sent me
a letter and one to the judge to address that I lost my job as a direct result of my ex actions. Do I have a case for defamation or harrasssment?
(or) Should I voluntarily dismiss this case. My ex is a very wealthy man an who is part owner to fast food chains and I have nothing.
2 Answers from Attorneys
Your question isn't clear. You posted it under California law, but you say your small claims case was filed in Florida. Is your ex in California? Was the restraining order issued by a California court? Your question would be easier to answer if it explained what happened in which state.
First of all your major barrier to any lawusit is that you have to file it in Florida where he resides. A California court would have no jurisdiction over him as he is not here. If he comes to California you might be able to have someone personally serve him with a lawsuit. As to the Sall Claims action, I do not know the rules in Florida, but in California you are not allowed to object before the hearing as to anything in the complaint [can not demurrer as he has done] and the court does not require a correct designation of the legal cause of action but looks to whether the facts alleged would support any valid type of action. But I do not see how you can present a case without being present [he has the right to confront you and question you, although many judges do not allow the latter]. Nor do I understand how his allegations would cause you to lose your license and employment; you could only collect damages if those results were reasonably forseeable. I would think that unless he caused the adverse information to go to your employer and the state licensing board, neither woud ever hear about it.
In general, you can not sue anyone for statements made in a court proceeding. But if he intentionally sent those allegation to an employer, you might have a cause of action for defamation. There is no cause of action for harrassment, but there is for intentional infliction of emotional distress. It probably is too late, but as to his attempt toget a restraining order you could have asked the judge to imposs sanctions for the costs you had to bear, including any loss of wages if he intentionally published false statements to your employer. If you can some how connect his behavior to his ownership of the restaurants.[used employees to serve you with papers and publish false statements] and one of them is in California, you might be able to sue the company and have jurisdiction over it.
Was the marriage long enough that you got alimony or could have gotten it and can still reopen the terms of the divorce decree?
I am sorry about your situation, but it does not look hopeful.
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