Mark Allen Goldowitz's Answers

Mark Allen Goldowitz
Berkeley Libel / Slander Lawyer.
Contributor Level 7

2

Attorney answers:

  1. Mark Allen Goldowitz
  2. Constantine D. Buzunis

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

Asked by a user in Bakersfield, CA - 11 months ago.

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.

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1

Attorney answers:

  1. Mark Allen Goldowitz

Meaning of spamming

Asked by a user in Oakland, CA - 10 months ago.

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

4

Attorney answers:

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

Suing 730 child custody evacuation for defamation

Asked by a user in Downey, CA - 10 months ago.

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

3

Attorney answers:

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

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

Asked by a user in Corona Del Mar, CA - 10 months ago.

Yes, he can.

1 person marked this answer as helpful

3

Attorney answers:

  1. Mark Allen Goldowitz
  2. Constantine D. Buzunis
  3. Christian K. Lassen II

How do I file a defamation lawsuit.

Asked by a user in Tujunga, CA - 11 months ago.

You should be very careful about filing a defamation lawsuit in California, and you should have a lawyer file it, rather than trying to file it yourself. There are important and powerful privileges and protections that may be available to the defendant, including those in Civil Code section 47 and the anti-SLAPP law, Code of Civil Procedure section 425.16.

3

Attorney answers:

  1. William J. Dyer
  2. Paul D Friedman
  3. Mark Allen Goldowitz

Someone is threatening to sue me over an angry email i sent

Asked by a user in Houston, TX - 10 months ago.

I assume that in Texas. as in California, a plaintiff can sue for intentional infliction of emotional distress (or something like that) due to extreme and outrageous conduct. Even if you eventually defeat such a lawsuit, it can involve a lot of time and effort and distress. Better to prevent the suit from being filed. It was good that you apologized. But since the other person still wants to sue you, you should get some help (from a lawyer or a dispute resolution specialist) to try to...

1 person marked this answer as helpful

2

Attorney answers:

  1. Christian K. Lassen II
  2. Mark Allen Goldowitz

I need a defamation lawyer in Texas, on contingency

Asked by a user in College Station, TX - 10 months ago.

You don't say enough about your case to know whether this applies, but you should be aware that Texas has recently enacted anti-SLAPP legislation, the Texas Citizens Participation Act, which is effective now. (See http://www.citmedialaw.org/legal-guide/anti-slapp-law-texas ) You should immediately consult a Texas attorney to determine whether your lawsuit may run afoul of the new Texas anti-SLAPP law. If so, you should either dismiss or amend to fix that problem. Good luck.

3

Attorney answers:

  1. John C Belcher
  2. Christian K. Lassen II
  3. Mark Allen Goldowitz

Do I have a case for libel or defamation?

Asked by a user in Washington, DC - 10 months ago.

Washington DC just recently enacted the Anti-SLAPP Act of 2010, D.C. Law 18-0351, which provides very broad protections for certain speech and petition activity: http://www.dccouncil.washington.dc.us/images/00001/20110105110837.pdf Before you file a defamation case in Washington DC, you should look at potential problems this law might create for you.

2

Attorney answers:

  1. Christian K. Lassen II
  2. Mark Allen Goldowitz

Do I have a case against the member of church had libel/slander me and my family? which also violated the Code of Conduct.

Asked by a user in Fort Worth, TX - 11 months ago.

Since you are in Texas, you should know that Gov. Perry recently signed anti-SLAPP legislation, which took effect immediately. Before you file a defamation lawsuit in Texas, you should have a lawyer make sure that it will not run afoul of the new anti-SLAPP law in Texas.

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Attorney answers:

  1. Christian K. Lassen II
  2. Jeffrey Mark Adams
  3. Mark Allen Goldowitz

Attorney Threatens Suit Over AVVO Review

Asked by a user in San Antonio, TX - 11 months ago.

Also, please note that Gov. Perry recently signed anti-SLAPP legislation for Texas, which took effect immediately, and may give you some protection here. See http://slappedintexas.com/