Can I sue for anonymous libel, received through U.S. Post, that was submitted as a complaint to the Acupuncture Board?

Asked about 1 year ago - Los Angeles, CA

Is there any way that I can sue for defamation and libel? I'm positive I know who reported me, how ever it was submitted as anonymous. I don't have actual proof, is it possible to investigate the anonymous person and have them brought into court? This person lied about my unsanitary business practices. I believe it was a former employee of mine I recently let go.

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Best bet is to put it behind you, and clean up the place.

  2. Christopher John Gansen

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . Mr. Lassen has been his usual, reasoned self on this one.

  3. Christine C McCall

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Complaints to CA state licensing agencies are almost never a sound basis for defamation actions. The right to complain is explicitly protected by statute and state regulations, and as a licensee you have no damages. Being investigated by your licensing agency does not constitute damages as investigation by the state is always a potential for all licensees.

    The state will not cooperate in any efforts at retaliatory action against the complainant. But there's more: Be very careful in what retaliatory measures you attempt against the complainant or suspected complainant lest you get your license in the agency's cross-hairs for improper conduct not limited to the complainant's allegations. Your Board will take a very narrow and harsh view of any conduct designed to intimidate a complainant or to compel an outcome not based on the state's independent investigation. You are swimming in deep and dangerous waters; don't make a bad situation worse. Fighting a license revocation action based on allegations of improper and unethical licensee conduct is expensive, lengthy, and high risk.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  4. Manuel Alzamora Juarez

    Contributor Level 20

    3

    Lawyers agree

    Answered . Best bet is to hire an investigator and ascertain who defamed you. WIthout a party to sue , all you are going to be doing is spending your money. Also, the truth is a defense to a lawsuit for defamation. Get your proof before you accuse anyone of doing something unlawful. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more

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