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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 ? - Avon says it is safe to post , does it mean if Avon didn't deny a post and the posting was approved on Avon , then the business can't sue the writer ? - in which ways they can find who the writer is ?

Attorney Answers 4


They both carry same SOL and it is one year. Need clarity on the remaining question to answer.

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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? (6) can they subpoena computer IP addresses and do companies usually have them to provide? I really appreciate all your help.


Are you referring to Avvo or Avon?

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.

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 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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Duplicate question.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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1 yr. A subpoena is a good idea, but can be potentially quashed.

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