Legal Question in Personal Injury in California

Spouse suing spouse for defamation
My estranged spouse is suing me for defamation, libel, and slander due to a resignation letter I sent to a youth sports board with which he is still president. In my letter, I cited several arrest arrests and convictions including a child assault, spousal abuse, and 2 DUIs. I recommended this man be relieved of Presidential duties due to ongoing alcoholism and administrative misconduct. He is now suing me for defamation, libel, slander, etc. However, I have court documents/witness statements proving that every word in my resignation is true. Even if he had been some other individual where his criminal past came to light, I still would have had a responsibility to report this to the board members of this organization that leads 300 kids between ages 6 and 13. He also attached to the complaint document 2 personal emails where I corresponded with friends. These emails were taken directly from my private email inbox, probably through a hacker or private investigator. I believe he is pursuing this action because he is losing child custody and is currently $14K in arrears in court-ordered spousal support. I believe it's his way of continuing to be controlling and abusive. Do you think he has a chance of winning this suit?

Asked on 4/18/01, 3:44 pm

2 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

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Re: Spouse suing spouse for defamation

I concurr with the other attorney who responded to your post. Truth is the best defense for defamation. However, if you received a complaint for the same you will need to respond within 30 days and assert the affirmative defense of truth. I do not know where you are located and if you have an attorney for this matter but I highly recommend getting one ASAP.

As far as the emails, you did not state what they contained.

Answered on 5/08/01, 2:46 am

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