Adrianos Matthew Facchetti's Answers

Appeal process for parenting plan order in CA family courts

DISCLAIMER: This is not intended to constitute legal advice nor does it create an attorney-client relationship. Clerks are not permitted to give legal advice under the California Rules of Court. That includes giving specific information about filing procedures, e.g. That is why the clerk "is not being informative as she could be." What I recommend that you review some of the information on California Court of Appeal website. The following form may be helpful, depending on the specific...

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Possible liability for libel/slander and defamation for naming a painting, NY libel/slander law, copyright law

DISCLAIMER: THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP This is a great question! The short answer is: your son should be OK. Here's why: The general elements of defamation are: (1) intentional publication by the defendant; (2) of a statement of fact; (3) that is false; (4) defamatory; (5) unprivileged (every state has it's own defamation laws, but these are generally the requirements in most states). First of all, defamation is a...

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Defamation or Slander

You need to state more facts. Obviously, you are free to sue anyone you choose. However, that does not mean you will win. The real question is, what are your chances of succeeding in the lawsuit? Also, you need an attorney to evaluate and identify your goals in the lawsuit. Litigation is the "Sport of Kings," one judge told me recently.

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Seeking a lawyer with experience municipal law litigation, suing riverside county for tort

DISCLAIMER: THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY CLIENT RELATIONSHIP Just to add to Mr. Stein's answer, one of the central issues in suing a governmental entity is the statute of limitations. Generally speaking, in California, and depending upon the claim, you would have only six months in which to bring a cause of action. Make sure you find a civil litigator. Don't delay.

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What type of lawyer do i need to hire for a Libel suit.

Your situation is a very common one. One party in a custody proceeding will attempt to damage the reputation of the other in order to gain an advantage. In many instances, filing a lawsuit for libel or defamation would be futile because it is likely that the litigation privilege would apply and bar any action against the publisher. THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR SHOULD IT BE CONSTRUED TO CREATE AN ATTORNEY CLIENT RELATIONSHIP.

Can I sue an ex-boyfriend for slander?

It depends on a number of factors, e.g., when was the statement made, what was the nature of the statements, etc. You would need to provide an experienced defamation attorney with more details. However, a more important question to ask is, should I file lawsuit?

Appeals process under CA civil rules, can new evidence be introduced or presented at appeal

In depends on the circumstances. But, In most cases, newly acquired information cannot be introduced on appeal. Generally, the court will only consider arguments and evidence presented at trial or at the lower court proceedings.

Libel/slander, employee posting negative material about employer on blog and website

This is a follow-up to my last answer. As the previous attorney stated, Myspace allows any user to report an abuse of an kind. Myspace may or may not follow-up on the matter, but according to its Terms of Use (which I suggest that you read), Myspace has the sole discretion to remove material that it finds objectionable. As an example, section 8.7, states that the following is prohibited content if it, ". . . constitutes or promotes information that you know is false or misleading or promotes...

Libel/slander, employee posting negative material about employer on blog and website

DISCLAIMER: THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP What kind of "derogatory" information is being spread on Myspace? Under California law, "Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. In...

What constitute defamation of character?

DISCLAIMER: THIS ANSWER IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS LEGAL ADVICE NOR IS IT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND ME. You can be sued for defamation at any time by anyone. That doesn't mean that they will prevail, however. As to the specific merits of your case, it is a bit difficult to tell what happened. Ultimately, if what you said to a third party is true, then you have a defense to a claim for defamation.

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