It is unclear whether matter is of private or public concern. It may be argued both ways. Apparently, if it is of public concern , I have to prove additional elements. Do I plead it as " public" (applying elements required for public concern) but at the trial, the jury determines whether it is public or private?
If I do plead it as public, do I actually admit to it being " public" or there is no risk at that?
I believe the facts are strong enough to actually prove falsity, and negligence.
Matter of a public concern would be more of a defense raised. Do yourself a favor however and get an attorney!
You are the plaintiff, I assume. You need to plead the elements of defamation in the state of California. Most of what you are writing about are defenses. I am not an expert in California law. However, just a little research into what a plaintiff must plead and prove would help you a good deal Of course, if this matter is worth the time effort and money counsel will take your matter on a contingency basis.
Your aims are unclear. If you're trying to sue someone for defamation, you wouldn't want to allege that he spoke about a matter of public concern.
You should consult local counsel and discuss the details of your potential case with him/her.
This communication offers general information based on the very limited information provided, and does not constitute the giving of legal advice, nor does it establish an attorney-client relationship.
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