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Is there merit in continuing the Cross Complaint after the cancellation of a Case Management Conference by the Superior Court.

San Francisco, CA |

This is a CA Independent Contractor vs. Employee dispute resulting in an Unlimited Civil Case filed with the Superior Court. The Cross Complaint filed was to neutralize the original Complaint based on fraud as a "Cause of Action". The CA Labor Commission Hearing has granted me restitution. Based on my affirmative defense that the Plaintiff's allegations were pure conjecture, is there a reason to feel that "Deformation of Character" is an issue? Should I just count my blessings for the Cancellation of the Case Management by the Superior Court, or is there still "Good Cause" to file a CM-110 to scheduled a Case Management Conference for the Cross Complaint. THANK YOU.

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Attorney answers 1

Posted

Without seeing the papers, it is impossible to tell you what to do, or whether a defamation claim is viable.

Note that statements made in litigation (including statements in pleadings) are almost always privileged and cannot form the basis of a defamation action.