Legal Question in Civil Litigation in California

Slander and Possible Libel

My company was taken

over by a Trust after the death of my

employer in March 2008. I am on-

site manager of one of the properties

held by the Trust, however, 50% of it

is also held by a Conservancy. The

Secretary of the Conservancy lives on

the property I manage. She has

made false comments about me to

my fellow employees. She told one of

them on August 5, 2008, ''She is

lying to you. You cannot believe

anything she tells you. She wants

power and she is using you to get it.''

Another employee told me on

September 2, 2008, that he now

feels he needs to ''watch his back''

when dealing with me. She told one

of the tenants that I am trying to get

rid of him. She has also sent emails

regarding me to one of the Trust

officers, however, I do not know

exactly what they contained. I was

only told by the Trust officer, on

August 21, 2008, that she had

received an email from this person

voicing a complaint about me and

that it was imperative that we have a

meeting. It has ruined my

relationship with many of the

tenants. It has created a tense work

environment. She also makes

derogatory comments about the fact

that I am one of Jehovah's

Witnesses. Is there anything I can

do?


Asked on 12/16/08, 7:25 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Slander and Possible Libel

If you have not already done so, talk to her to find out why she is making the false statements. Do so in a calm fashion; also consider whether you want to see if she will agree to letting you tape record the meeting wlith her being in control of the recorder and getting a copy so that she can not claim you threatened her. You do not mention whether you are a man or woman, but if you are male you probably want someone who is neutral to be there so that she can not claim you try to sexually assault her.

Consider writing a note to everyone she has contacted stating your position and asking them to call you if they have any questions.

I do not understand if she is the one under the conservatorship or she is the one acting on behave of the person who is incompetent. If the former, talk to the conservator to see what can be done. Speak to the trustee to see if the are willing to evict her or gilve her notice of non-renewal of her lease. I an guessing that where each is a half owner the trustee may have the power to so act.

You can sue her but litigation is never fast, enjoyable, or satisfying. An attorney will probably want to handle the matter on an hourly basis and will charge $200-350 per hour; the case could easily cost you $20,000 or more and you would have to show what economic damages you suffered, whlich might not really exist. If she has no money, you will not be able to collect on a judgment. You might want to find a relatively inexpensive attorney [someone recently out of law school or someone like me who is largely retired and] to write a sharp letter to her, but if she has some mental problems that will have limited effect.

Sorry I can not give you an answer that will please you. Good luck. [not proof read]

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Answered on 12/17/08, 1:59 am


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