Mark Allen Goldowitz’s Answers

Mark Allen Goldowitz

Berkeley Libel / Slander Lawyer.

Contributor Level 7
  1. What's the statute of limitation in California for tort of interference with prospective economic advantage?

    Answered almost 2 years ago.

    1. Marc John Randazza
    2. Mark Allen Goldowitz
    3. Scott Richard Kaufman
    4. Robert Max Klein
    4 lawyer answers

    Statute of limitations for libel is one year. Code of Civil Procedure section 340(c). If you want to email us the Complaint, our office can review it and and see if we can help you to invoke the anti-SLAPP law, Code of Civil Procedure section 425.16.

    5 lawyers agreed with this answer

  2. Is this defamation of character?

    Answered almost 2 years ago.

    1. Marc John Randazza
    2. Mark Allen Goldowitz
    3. Michael Charles Doland
    3 lawyer answers

    Under Civil Code section 47(b) (see link), your former client's complaint to the state Board is absolutely privileged, even if it contains false statements. If you filed a defamation suit against him, he could respond with an anti-SLAPP motion per Code of Civil Procedure section 425.16 (see l;ink) and you would likely end up having to pay him his attorneys' fees. Not a good idea. Best to just let the Board investigate and dismiss, as you anticipate will occur. Good luck.

    4 lawyers agreed with this answer

  3. Can I be sued for reporting suspected drug use by employee working for railroad company

    Answered about 3 years ago.

    1. Mark Allen Goldowitz
    2. Constantine D. Buzunis
    2 lawyer answers

    Since you are in California, your reports to the government are absolutely privileged, per Civil Code section 47(b). If you reported it to the railroad company, that would be privileged unless you did it with malice, per Civil Code section 47(b). If your daughter's ex sues you, you can invoke the protections of the California anti-SLAPP law, Code of Civil Procedure section 425.16. For more info, see www.casp.net.

    Selected as best answer

  4. Appealing an Anti Slapp judgement where fees were awarded? What codes exist to establish presicident?

    Answered about 2 years ago.

    1. Mark Allen Goldowitz
    2. Frank Wei-Hong Chen
    2 lawyer answers

    The courts have held that to stay the order awarding attorneys fees under the California anti-SLAPP law, Code of Civil Procedure section 425.16, pending appeal, you must post a bond, or else the fee order is enforceable pending appeal: "In sum, construing section 917.1(a)(1) together with the relevant provisions of sections 917.1 (subds. (a) & (d)) and 1033.5 (subds. (a)(1)(A)(2) & (c)(5)), and considering the legislative intent underlying the anti-SLAPP statute with a view to promoting the...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Does the deadline to file an opposition also get extended if the motion hearing date gets rescheduled by the court? LA Attorney

    Answered almost 2 years ago.

    1. Frank Wei-Hong Chen
    2. Mark Allen Goldowitz
    3. Nicholas Basil Spirtos
    3 lawyer answers

    Yes. See CCP 1005(b) (last sentence).

    2 lawyers agreed with this answer

  6. Meaning of spamming

    Answered about 3 years ago.

    1. Mark Allen Goldowitz
    1 lawyer answer

    Wikipedia has a good definition and discussion of spam, which begins this way: “Spam is the use of electronic messaging systems (including most broadcast media, digital delivery systems) to send unsolicited bulk messages indiscriminately.” By this definition, it appears you were not spamming. But if you asked this question because you are interested in filing a defamation (libel or slander) lawsuit against your accuser(s), I would caution you to be careful. First, your accuser(s) may...

    1 lawyer agreed with this answer

  7. Suing 730 child custody evacuation for defamation

    Answered about 3 years ago.

    1. Christian K. Lassen II
    2. Richard Forrest Gould-Saltman
    3. Mark Allen Goldowitz
    4. Christine C McCall
    4 lawyer answers

    I also strongly disagree with the generic advice given by the lawyer from Pennsylvania, and agree with the assessment of the two California lawyers that you should not try to pursue a defamation claim. In addition to the points they made, if you file such a lawsuit, you might be found to be in violation of the California anti-SLAPP statute, Code of Civil Procedure section 425.16, which would mean your case would be dismissed and you would have to pay the evaluator's legal fees.

    1 lawyer agreed with this answer

  8. Is the Anti-SLAPP defense allowed in the 9th circuit federal courts?

    Answered over 2 years ago.

    1. Rebekah Ryan Main
    2. Mark Allen Goldowitz
    2 lawyer answers

    The Ninth Circuit has held that a defendant can file an anti-SLAPP motion in federal court under the California anti-SLAPP law to challenge state law claims. United States ex rel. Newsham v. Lockheed Missiles & Space Co., 190 F.3d 963, 970-973 (9th Cir. 1999); Hilton v. Hallmark Cards, 599 F.3d 894, 900 fn. 2 (9th Cir. 2010). Examples of state-lw claims would be claims for defamation or infliction of emotional distress. However, the courts have held that the anti-SLAPP law cannot be used to...

    1 person marked this answer as helpful

  9. Can the plaintiff try and serve me before court date after I filed motion to quash service?

    Answered about 3 years ago.

    1. Mark Allen Goldowitz
    2. Frank Wei-Hong Chen
    3. Michael S. Haber
    3 lawyer answers

    Yes, he can.

    1 person marked this answer as helpful

  10. Is it defimation if a newspaper writes an artical saying I have done certain things that I have not done?

    Answered almost 2 years ago.

    1. Thomas Anthony Schaeffer
    2. Mark Allen Goldowitz
    3. Robert Bruce Kopelson
    3 lawyer answers

    If the newspaper has published a fair and true report of what is in the lawsuit, that would be privileged and there would be no defamation claim. See Civil Code section 47(d)(1)(D) (see link below).