Legal Question in Legal Ethics in California
This question concerns the definition of perjury in the State of California. I know that when a person knowingly lies in a court, deposition or hearing, that is considered perjury. What about when a person responds to a legal inquiry from an enforcement board, and provides written answers that are simply lies?
I was terminated from a job because I have child support arrears; such a termination is illegal in the State of California. I filed a complaint with the Division of Labor Standards and Enforcement. My former supervisor was contacted and she responded (in writing) giving various explanations as to why she fired me. In fact, these explanations are simply untrue, and she is clearly lying. I think I may be able to prove it.
By lying in her response to the Labor Division, in writing, does this constitute perjury?
Thank you for your assistance. I am very grateful for any information you can give me.
1 Answer from Attorneys
California has some quirky rules about perjury. If a person makes false statements in writing, it is not necessarily perjury, and is often simply hearsay. In California, to be a valid writing that submits the declarer to perjury, it must contain a jurat. This is a clause at the end of the document that states something like "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct." (Civ. Code, sec. 2015.5.)Without this statement, the written statement is nothing more than a letter. It is similar to the difference between an interview, and a statement made on the witness stand, while under oath.
If she simply made written statements, without the oath, you would not be able to prove perjury. Perjury is a felony, but is rarely prosecuted. Chasing her for perjury is probably not in your best interest, and your time is best spent defeating her false allegations or showing that they are pretextual.
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