Legal Question in Civil Litigation in California
Is it Slander or Defamation of character?
Myself and fellow residents of a mobile home park attended a town council meeting to show rent control support. During this meeting a few of us spoke to the council representing our communities and their concerns.
After we spoke, the land owner wanted to speak. In his opening statement, he stated my first and last name, pointed at me and called me a liar.
The issue I addressed was an example of how owner/management teams can and do use no rent control to force out unwanted tenants/residents. Specifically, they issued me a new lease and letter of rent increase as a package. The increase was from
$465.00 a month for a 26'X 8' trailer space, to $700.00 a month for a 28'X 8' trailer space.
The owner of this park publicly denied ever attempting to raise my rent. Calling me a liar.
While I have written proof otherwise, with his signature.
Do I have a Slander/Defamation of Character type case?
3 Answers from Attorneys
Re: Is it Slander or Defamation of character?
Sorry. Not really. Statements made in a public forum are generally privileged.Civil Code 47[b]
Re: Is it Slander or Defamation of character?
Yes, the statement, if false, was slanderous. However, every slanderous statement is not a good vehicle for a lawsuit, as you must also show that you have been damaged somehow. It is not enough to state that others may now believe you are a liar--you have to show that BECAUSE of that belief you have been injured monetarily (not just had your feelings hurt, etc). For instance, if that statement caused you to lose your job, your lost income would be monetary damage. It does not appear that this set of facts is worth the time and expense of a lawsuit.
Re: Is it Slander or Defamation of character?
In order to encourage free wheeling discussions at public meetings, the law generally and in California, does hold such remarks, even though defamatory, as privileged speech. I'd swallow hard and be prepared to defend myself at the next opportunity.
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