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Anti - SLAP suit in CA and the law on defamation

Los Angeles, CA |

How can a victim of defamation win a defamation / tortious interference or such suit when anything said could be construed as commenting on an issue when the thins said were definitely wrong and harmful , causing the victim to suffer emotionally and physically ? Any case victories I could read on line where the victim overcame the anti SLAP in CA ? Thanks

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Attorney answers 4

Posted

The courts have not interpreted the Anti-SLAPP Act so broadly as to find that everything said concerns an issue of public interest, and even if the statement does, Defendant still has show that the case will not succeed. If you are a plaintiff or a potential plaintiff, you should hire a lawyer or at least consult with one. Reading case law when you are not a lawyer is like reading books about the human body before doing surgery on yourself when you are not a doctor. Won't really help you become a capable expert.

Please note: this answer is intended to inform and educate. It should not be taken as legal advice or a legal recommendation, as that would require a thorough review of all facts and circumstances. You may discuss the possibility of hiring me as a lawyer, but until we have an agreement in writing, there is no attorney-client relationship between us. Thank you, and good luck!

Posted

California's anti-SLAPP statute does not change the fundamental elements of a claim for defamation. But just "comments" -- meaning someone's pure opinion -- is not false and therefore cannot form the basis of a claim. If you think someone has published a false and defamatory statement about you, you should consult an attorney.

Posted

Attorney Koch is correct, but there is more to the story. The anti-SLAPP statute creates great risk for defamation plaintiffs, which range from having their complaint stricken and being ordered to pay attorneys fees on one end, to facing a lengthy and expensive appellate proceeding on the other end even if you "survive" the SLAPP motion. "Victories" are difficult to find when it take two or three years to start your case even if you win the anti-SLAPP motion.

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Posted

Unless you have sustained a significant monetary loss, a defamation lawsuit would likely cost more than would be recovered. Most defamation lawyers want a 5k retainer just to begin.

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