Legal Question in Personal Injury in California

Slandar and Malice

An statement is being made by Mr. --name removed--.

Mr. --name removed-- publicly make an statement in one his TV program which is being broadcast to the local community ( Which is not true), in order to discredit Mr. �B� that Mr. ''B'' has--name removed--mental health sickness and Mr. '' B'' is mentally ill person for fact because he knows about it. While Mr. �B� never been to--name removed--doctor not to any hospital and Mr. �B� all along work as accountant and never had--name removed--such health issue what so ever.

The question is: Does Mr. � B� has--name removed--case for slander, liable and defamation of character and malice since it being done calculated way and deliberately to hurt Mr. �B� reputation, against Mr. --name removed--? Second, is the damage, ( as it occurs in the married couple situation of having affairs, meaning right away with out--name removed--real monetary damage), occurs right away?

Can Mr. �B� sue Mr. --name removed-- for damages, emotion distress and malice? If so how Mr. B should plead in his complaint the issues.

I would be very grateful for your help.

Thank

--name removed--


Asked on 8/19/06, 7:29 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Slandar and Malice

The case should allege causes of action for slander, perhaps breach of privacy, and maybe negligence. The complaint could ask for punitive damages based upon slander, and the "victim" would ultimately have to prove the malice, fraud, or oppression by clear and convincing evidence to obtain punitive damages. If Mr. "B" is a public figure, different standards of pleading and proof apply, however.

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Answered on 8/30/06, 3:26 pm


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