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Statue of limitation for defamation libel in CALIFORNIA (same as character defamation?)

Calabasas, CA |

what is the statue of limitation for defamation libel ( is it same as character defamation ? ) - can the business we posted on subpoena to see who posted ? - avvo says it is safe to post , does it mean if avvo didn't deny a post and the posting was approved on avvo , then the business can't sue the writer ? - in which ways they can find who the writer is ?

Attorney Answers 5

Posted

Generally the statute of limitation is one year from the date of defamation. That being said, it appears you need to speak with a lawyer in regards to the subpoena issues.

Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers.

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Posted

-(a) in regards to subpoena issues, do companies provide IP addresses? thanks, can you please clarify if there was several posts on different sites from a writer on different dates (1) does the date of first statement count only or each has its own limitation and if the first was 2010 and the last was 2013, they can still sue me for 2013? (2)can they subpoena avvo to get the information on me? (3)when someone files a lawsuit do they have to have a valid proof of who wrote the comments? (4) do courts make writers pay ? (5) if the statue is 1 year, can they turn it into a tort or infliction of emotional stress to make it to a extended statue and if so is that 2 years? and what is the difference between defamation lawsuit and tort? I really appreciate all your help.

Posted

In California, the statute of limitations for defamation is one year. This means someone would have one year to file a lawsuit for defamation (slander/libel) against you from the time the statement or statements are published.

The business cannot see who posted.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

thanks, can you please clarify if there was several posts on different sites from a writer on different dates (1) does the date of first statement count only or each has its own limitation and if the first was 2010 and the last was 2013, they can still sue me for 2013? (2)can they subpoena avvo to get the information on me? (3)when someone files a lawsuit do they have to have a valid proof of who wrote the comments? (4) do courts make writers pay ? (5) if the statue is 1 year, can they turn it into a tort or infliction of emotional stress to make it to a extended statue and if so is that 2 years? and what is the difference between defamation lawsuit and tort? I really appreciate all your help.

Posted

In my opinion, it is not a good idea to state specific facts about your specific issue in a public forum on the internet. While I have not recently researched the current state of the law in CA, I would not expect a CA court would find an expectation of privacy in information shared in a public forum on the internet. It sounds like you need to search out an experienced attorney for confidential and personalized legal counsel and representation in the forum you are needing assistance. Either of the fine attorneys here would be an excellent choice or you could use the search function here on Avvo.

Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.

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Posted

Just because avvo allowed the post, doesnt mean you cant be sued. The business could serve a subpena on avvo to determine the identitiy of the person who posted. One is allowed to give an opinion. While people can try to sue for anything, it doesnt mean they will be successful. Talk to a lawyer who defends defamation cases, and let the lawyer see what you posted.

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Posted

Can i consult w u please? Is so pls provide phone. I guess i hv a cross complaint as well

Asker

Posted

Also why avvo posted on its site that its safe to write ?

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

I practice in San Jose, and it wouldnt be economically feasible for you to pay me to represent you in Calabasas. Im not sure what you mean by Avvo posted on its site that it is safe to write. Is this stated by avvo on its website or in its terms of use? Just because avvo allows postings, it doesnt mean they approve or guarantee you cant be sued. I would suggest that you review avvo's terms of use page. I wouldnt be surprised if it requires anyone posting to indemnify and defend avvo it gets sued based upon something you posted. I havent reviewed the avvo terms, but suggest you do so before you answer any lawsuit or file any cross complaint against avvo.

Posted

1 year. A subpeona is a good idea, although it can potentially be quashed.

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