Legal Question in Civil Litigation in California

Re: I'm being sued in Small Claims Court for ''slander''

1. Don't ignore the lawsuit. She has every right to file in small claims court.

2. Contact your homeowners' insurance carrier.

3. If the ins. co. won't help, and the stuff you printed is true, bring another homeowner who will testify to that effect.

4. She's not a public figure for purposes of NYT v. Sullivan.

5. Stop defaming her. I doubt she is either "dumb" or a "fascist." The group you mentioned, the so-called "Swift Boat Veterans for Truth," is hardly a good role model if your goal is to avoid defamation lawsuits.

Re: I'm being sued in Small Claims Court for ''slander''

You sure speak your mind and don't mince words. If the "dumb blond" characterization is an opinion, that's not actionable. Just because she called it "slander" does not mean the judge can't change it to "libel" or "defamation." She -can- get money in small claims court but not injunctive relief. Truth is your best defense. Bring evidence of the truth of the matters, and also show why some of the more scathing comments are merely opinion.

Re: I'm being sued in Small Claims Court for ''slander''

If she is seeking $5000.00, then she is not seeking "equitable relief", she is looking for monetary or legal damages; therefore, she can sue in small claims. I would definitely argue that she is/was a public figure, etc., but even where a plaintiff is a public figure, if she can show malice, then she can make a case.

Re: I'm being sued in Small Claims Court for ''slander''

I think your statements might be privileged.

Re: I'm being sued in Small Claims Court for ''slander''

If she is only suing you in small claims court, I doubt she was really "slandered."

I do not know where this rumor comes from that you cannot get equitable relief in small claims court, but I see that it has somehow become entrenched in everyone's mind, including attorneys. When I worked at the Small Claims Legal Advisor's office in the South Bay Municipal Court in Chula Vista, we always told the public that you could obtain equitable relief in small claims court.

I have checked the statute, and it is still true. A small claims court can grant equitable relief in the form of rescission, restitution, reformation or specific performance. (Code of Civ. Proc. sec. 116.220 subd. (b).)

Equitable relief has to do with the court ordering something other than money damages. Like for you to be quiet, and quit calling her a dumb blonde, or to return someone's property, etc.

With regard to dumb blondes, what I can't stand is brunettes who dye their hair to appear like a dumb blonde. My wife calls them dipped and dyed.

Your post was hilarious. I read it about 15 times, and laughed each time.

P.S. I hate HOA's too.

Very truly yours,