Legal Question in Civil Litigation in California

slander

Need to know what can be done with someone who i have a t.r.o. on can be stopped from contacting my clients and slandering my company. i have letters stating what she has said to our clients.


Asked on 7/31/01, 11:27 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: slander

Sue for slander and go for an injunction to stop the activity. Please call me directly at (619) 222-3504.

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Answered on 8/02/01, 11:32 am

Re: slander

Assuming your TRO is still in effect, you should request an OSC (order to show cause) from the court why contempt of the TRO should not be entered against this person. If you have a TRO, that means you also already had or still have a complaint on file. If the complaint does not have a cause of action for disparagement (the defamation equivalent for businesses), you should amend the complaint to state such a cause of action. If you would like to discuss this matter further, feel free to contact me at 310-385-8620.

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Answered on 8/02/01, 1:10 pm

Re: slander

You can bring a hearing for contempt for the violation of the TRO. However, is the TRO still in effect? Usually a TRO is of very short duration.

Have you already filed a lawsuit? Is it collectible from the defamer?

I would be happy to discuss this with you.

J. Caleb Donner

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Answered on 8/01/01, 12:44 pm
John Ferry Law Offices of John C. Ferry

Re: slander

If your TRO is still in effect you can go into court to enforce it, claim damages and possibly have it extended to an injunction. If it has expired you can seek to have it re-instated or you can proceed directly with a slander lawsuit (if you have not already done so). Either way you should first serve the person with a strong cease and desist demand letter.

If you are in Northern California please feel free to contact me via either e-mail or phone.

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Answered on 8/01/01, 1:04 pm


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