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CA libel and slander laws

San Francisco, CA |

I have attended a Post Master program in California I have gone through the graduation ceromony and finished up my clinical hours needed for the program. The school is now saying that they question if I actually completed the hours or not and want to kick me out for adacemic dishonesty. This is following my complaint to the school because the school lost paper work for all students in the program and wanted the students to reproduce the documentaion. These Documents are required to get licensed by the state of California. I have also filed grievences with the University. Where can I find an attorney to help me in San Francisco? Please advise me at jhopkinsmsnrn@aol.com

The school has not followed any of the students or even guided any of us. We were promised to have clinical sites found for us near our homes but this has not happened and the school has failed to provide the clincial site visits in a timely manner if at all for the students. There are students who have not had but one or two site visits and allowed to finish the program but because the student did not talk up and make waves at the school.

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DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

What Constitutes Libel in California?

To be libelous under California Civil Code Section 45, the defamatory statement must constitute 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 disgrace, or which causes a person to be shunned or avoided, or which has a tendency to inure a person in his or her occupation. Although not indicated in the statute, case law in California also requires a plaintiff to plead and prove the requisite degree of fault.

If not defamatory on its face, a plaintiff is required to plead and prove special damages. If the statement is libelous per se, the court will presume general damages and special damages need not be shown. The test for libel per se is whether a defamatory meaning appears from the language itself without the necessity of explanation or the pleading of extrinsic facts.

Libel per quod issues may exist (a reader is able to recognize a defamatory meaning only by virtue of his or her knowledge of specific facts and circumstances extrinsic to the publication, which are not common knowledge).

Related causes of action might include slander, trade libel, slander of title, false light, publication of private facts, intrusion, fraud, deceit emotional distress. In California, the statute of limitations is one year from the date the defamatory matter is published. (Civil Code 340(3). Governmental claims must be properly presented without six months after the accrual of the cause of action per Gov Code Section 911.2. The public entity then has 45 days to respond.

The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

Best Regards,

Jon Mitchell "Mitch" Jackson
Jackson & Wilson, Inc.
An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
www.JacksonWilson.com

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