Legal Question in Civil Litigation in California
Slander
I won a small security company (1 employee and myself) and patrol a trailer park. I discovered yesterdy that a resident (and soon to be former HOA board member) was going door to door circulating a petition to get me ousted. When asked by the residents she contacted why I should be ousted, this person stated because I was having an affair with a minor who was also a resident! Since this is not true, my understanding of CA civil code section 46, subsections 1 and 3, is that she is guilty of Slander and if the petition also states this lie, then possibly libel. I dont have to tell you how this sort of false accusation can really harm my reputation as well as my livelyhood and life in general! What are my options here? What can I do legally to put a screeching halt to this activity? Do I have to wait until I suffer actaul financial damages before I have a shot at winning in a legal action? What can I hope to accomplish?
1 Answer from Attorneys
Re: Slander
You can sue for damages even before you suffer financial harm. Harm to your reputation is enough to support a claim for slander or libel. Without a financial component you might not be able to win much in the way of damages and that might prevent you from getting a lawyer to take the case on a contingent fee basis, but that's another issue.
You also have the option of seeking a retraining order instead of or along with damages.
Either way, though, your case against this resident may not be as strong as you think. The resident's statements (whether oral or in writing) may be covered by the common-interest privilege. This privilege allows people to share information with others who share a legitimate interest in the information, and often applies to accusations of wrongdoing circulated within a specific group of people whose interests the wrongdoing would affect. The rule is too subtle and complex to explain in detail here and it might not apply in your case, but if it does it could bar your claim entirely.