My civil actions has a cause of action for defamation and false light, against my employer. Defendants state that they are immune under section 818.8. Would such an argument be valid?? does 818.8 even have to do with defamation claims?? I thought it had to do with misrepresentations and fraud. how does this apply to defamation?? or is it just bogus defense used by defendants??
Here is the language of 818.8--A public entity is not liable for an injury caused by misrepresentation by an employee of the public entity, whether or not such misrepresentation be negligent or intentional.
The defendant is obviously claiming that negligent or intentional misrepresentation is akin to defamation, and they may be right (I have not researched the matter other than the statute). Consult with your attorney, or if you are representing yourself, seek counsel. I would imagine that the claim is made as an affirmative defense to your complaint. As I said, it may very well be a valid defense as to the public entity.
The defense may or may not hold water, but retain a local defamation lawyer, as pursuing it yourself is likely a recipe for disaster. Avvo has a great lawyer finder tool to locate an attorney nearby. Good luck.
If the defendant is public entity, defendant can use Government Code Immunity sections with regard to pleadings.You have to allege in the pleadings "Subject to Government Code,Section ……" and plead around the immunity statute so that your complaint won't be demurred. Once you plead around the immunity statute ,your pleadings should be fine. There is no absolute immunity for fraud,negligence or misrepresentation to throw your case out.
However,if your employer is a private entity, immunity claims are not available . However, in defamation cases , you may be subject to Anti-Slapp claims and it carries a burden similar to opposing a summary judgment motion to prevail.
Given all these,unless you are a lawyer,it will be just too much for you to handle on your own. Good Luck.
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