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Can I be sued for false accusation of abuse and defamation of Character in an email I sent to my children's teachers?

Fontana, CA |

The following is part of an email to my ex husband's wife and CC'd it to my kid's teachers & principals . She has now filed a small claims suit for the amount of $ 5000 for " damages to her reputation and emotional distress that I caused via email for false allegations of abuse and harassment " : I would appreciate it if you would stop all forms of harassment including but not limited to calls , text , email , etc . I would also appreciate you not representing yourself as their parental figure . I find that your constant micromanaging borderline abusive and is causing them great stress and emotional harm . I also feel it would be best for B . and M . if all adults involved refrained from derogatory statements ( name calling , etc ) in the presence of the children . Does she have a valid case ?

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Attorney answers 2


Nothing in this email constitutes defamation, and it is likely that the small claims court will recognize that and decide the case accordingly. But, that said, this is not an appropriate or effective manner in which to be managing your family problems. Don't be surprised if the court is less than respectful of your conduct here, and you should definitely re-think and find better strategies.

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Based on the information you have provided, it is very highly unlikely that she will be able to establish defamation.

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