Legal Question in Personal Injury in California
Slander and what to do?
At a homeowner's meeting with our Homeowners Association with the police, a landlord/homeowner came who we had been complaining about. As soon as he entered the meeting he shouted at everyone [about 35 people] that ''She is a convicted criminal, she has commited breaking and entering, and other criminal behaviors and here is the proof!!'' He then through down a three page set of papers listing crimes done by a person with my same name -- but, it was not me! He then proceeded to verbally batter me during the meeting, even threatening me that he was going to sue me and take my home. He tried to get others at the meeting to join him in a law suit against me. I think I should sue him as he deliberatley slandered me, and tried to harm me in front of my friends and neighbors. Since then I have received an anonymous harassment letter, and needless to say, people do not come near me, even to ask if what he said was true or not. I am thinking to take this either Small Claims, but I don't think they handle such cases, so I am thinking of taking it to Municiple Court.
3 Answers from Attorneys
Re: Slander and what to do?
Given what you have described, I would not even think about small claims court. In fact, I would look to the superior court, as the conduct you have described in egregious. In addition, it would appear from what you have described that you may have a strong case with numerous witnesses, easily identifiable, that can testify as to what occurred. I would also add that you may have a strong claim for intentional infliction of emotional distress in addition to defamation.
I would recommend that you contact an experienced attorney and seek out legal counsel. If that is something you wish to do and you are located in Northern California, please don't hesitate to contact my office. We would be happy to evaluate your case and possibly take it on a contingency-fee basis.
Best wishes.
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Re: Slander and what to do?
You're dealing with a real idiot. I'd check and see if the matter could be handled by Judge Judy. Otherwise take it to Superior Court if you can afford an attorney. The problem is that unless the accusations fall within a couple of exceptions. You have to prove damages. And that doesn't mean you feel bad about what was said. So You need to have someone trained in the law to go over with you the exact words that were spoken by the slanderer. I'm discussing the differences between slander and slander per se. However, it sounds to me like slander per se. And you'll not be burdened with proving damages.
Re: Slander and what to do?
Without knowing more, sounds like slander to me. You can do this yourself, but you'll have to prove the elements of slander and prove damages, which means hiring an attorney is better--you don't want to lose a lawsuit to someone like this and have him sue you for malicious prosecution. Talk to some experienced attorneys about the case.