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Can I sue for SLANDER OR DEFAMATION?

Costa Mesa, CA |

I own a girls cheer club. Parent "A" who recently quit our club called Parent "B" who is still have her daughter in our club, that I had sex with an underage GIRL "C" in our cheer club. Parent "B" daughter told me this. I notified the parents of GIRL "C" about this already. I would like to sue PARENT "A". This is a flat out lie so that I will lose my business. Pls help.

Attorney Answers 7


  1. There are plenty of attorneys who do this work but you need to examine what your goal is in a law suit.


  2. You appear to have a viable claim for defamation. Has your business suffered actual damages as a result of the defamation? COnsult a CA defamation law attorney for a full evaluaiton of your claim.

    The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.


  3. You probably have a claim for defamation, but Parent A probably has a viable defense. Parent A most likely had a qualified privilege to protect the private interests of the children in your care. In order to qualify for this privilege the parent will need to prove: (1) a reasonable belief that and important interest in a person or property is threatened; (2) the defamatory statement is relevant to the interest sought to be protected; and (3) she had a reasonable belief that Parent B was in a position to protect the interest.


  4. Few people, very few, who think they have been defamed would have any chance of success in filing a claim... here on Avvo, people post all day along about nasty people making nasty comments about them and wanting to sue... and then, every once in a while, someone posts something that could just be a darn good fact pattern for defamation... and the above post is such a post.... many more facts are needed to really know, but should a person who works with children be publicly accused of being a sexual predator - and t's not true and the "victim" agrees it's not true, and her parents agree that it's not true... and the person who said it was out to get the person... that sure seems like a case. At the very least, it's worth meeting face to face with an attorney who handles such cases... and a search on Avvo for just such an attorney would be a great place to start.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. ** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation (Actos, Accutane, Actonel, Antidepressants, Avandia, Bextra, Byetta, DePuy Hip Implant, Digitek, Ephedra, Fosamax, Gadolinium, GranuFlo, Guidant Implantable Defibrillators, Hormone Replacement Therapy (HRT), Ketek, Kugel Mesh Patch, Lipitor, Mesothelioma, Nuvaring, Ortho Evra, Paxil, Pradaxa, Prempro, Prisma Dialysis Recall, Reglan, ReNu with MoistureLoc, Smith and Nephew Hip Replacement, Stryker Hip Replacement, Tequin, Topamax, Transvaginal Mesh, Trasylol, Vioxx, Yaz, Zelnorm, Zimmer Durom, Zyprexa, and More), medical malpractice, personal injury, and real estate law and does so anywhere in the State of California. *** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.


  5. This could be defamation per se since it's a crime alleged against you that didn't happen. I would consult an OC defamation lawyer, esp. if your business suffers.


  6. You may have a case here. I would advise you contact a local attorney who specializes in defamation law as soon as possible so that you can discuss all the specific facts with them. These cases are very difficult and not something you should try to handle on your own.

    Answers provided do not constitute legal advice, should not be considered as legal authority, and do not create an attorney-client relationship. You should not act or rely upon these materials without seeking professional counsel. Feel free to contact ALG (www.antoinelaw.com) so we may evaluate the specific needs and discuss the facts and issues you may be experiencing. Sending e-mail also does not establish an attorney-client relationship. An attorney-client relationship can only be established by mutual written consent with an attorney.


  7. You may very well have a case. As one attorney mentioned, there may be viable defenses. One thing to keep in mind whenever you bring a defamation case: an increasing number of states have anti_SLAPP statutes that allow defendants to bring a special motion to have a case dismissed if the lawsuit was filed to curtail legitimate speech. Limitations apply. The important thing to know is that if the defendant is successful on bringing an anti-SLAPP motion, you will have to pay his or her attorneys fees.

    Also - meet with an attorney quickly. In California, the statute of limitations for this type of claim is one year.

    (This entry is not intended to be legal advice. The specific facts of your case must be considered)

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