Can I sue for SLANDER OR DEFAMATION?

Asked about 1 month ago - 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. Paul J Molinaro

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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... more
  2. Ajay Mohan Kwatra

    Pro

    Contributor Level 15

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

  3. Alan Shepard

    Contributor Level 11

    Answered . 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. Christopher John Gansen

    Pro

    Contributor Level 18

    Answered . 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.

  5. Heather Ann Antoine

    Contributor Level 4

    Answered . 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... more
  6. Dennis Gill Sperlein

    Contributor Level 5

    Answered . 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)

  7. Zaheer A Shah

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more

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