Legal Question in Civil Litigation in California

In the State of Caifornia, can you sue for slander?


Asked on 10/05/10, 9:02 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Yes. If you're writing the complaint yourself, make sure to allege in DETAIL all of the facts involving the spoken misrepresentation. Since the defendant likely will have a lawyer who will try to dismiss the case on demurrer, it might be helpful to retain an attorney if you want to have a chance at prevailing.

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Answered on 10/10/10, 12:08 pm

In California there is no meaningful distinction between slander and lible. They both fall under the general term "defamation." As Mr. Cohen advises, the pleading requirements are strict, and proof of damages is usually the tripping point. If you cannot find an attorney to take the case on a contingent fee basis, there is a good chance it is not a case you can win.

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Answered on 10/10/10, 11:53 pm
Anthony Roach Law Office of Anthony A. Roach

You can sue, but the defendant can file a motion called a special motion to strike (SLAPP.) If you lose that motion, you lose the case, and may be ordered to pay the defendant's attorney's fees.

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Answered on 10/11/10, 12:47 pm


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