Legal Question in Personal Injury in California

Re: being sued for slander

Slander has to involve a false statement of fact to a third party which damages the plaintiff's reputation. I presume that the statement that you heard rumors of drug use was true (all that has to be true is that you heard rumors, not necessarily that the family uses drugs); that alone would defeat the plaintiff's case.

The plaintiff's own daughter acknowledges that police had already been to the house searching for drugs before you said anything, so it is hard to see how his reputation was harmed by your statement.

Besides, the daughter is the one who first associated her family with drugs during the conversation; by the time you said you had heard rumors, the other participants had already heard his daughter imply that anyone familiar with recent drug busts in town would know about her family. If his name was tarnished in this conversation, it had already happened before you opened your mouth.

There is a statute in California called CCP 425.16 which is useful to defendants who are sued for speaking about matters of public interest. The scope of local drug use seems like it should qualify as an issue of public interest. From what you have said, there is a good chance this statute would help you. The statute includes an attorney fee provision, so that if you successfully make a motion to dismiss based upon that statute the plaintiff will have to pay your legal bills.

I have had some experience with this statute; feel free to contact me if you want to discuss the issue further.

Re: being sued for slander

If those facts are true, they have no case.

Re: being sued for slander

They already filed 'a case' which you now have to defend or settle. Get your attorney to try to convince them to dismiss or take a small payment to get out of it quickly, that is unless you are willing to pay the attorney fees necessary to try to defend it in court and win. Also, your attorney may be able to get your homeowners insurance to provide payment for your attorney fees.