Defamation is the communication of a FALSE statement that harms a person’s reputation, decreases respect for that person in the community, or induces people to have negative feelings against that person. Slander is a subcategory of defamation, which happens when someone attacks your good character by communicating UNTRUE statements. Defamation of character occurs when someone makes a FALSE statement about you that causes you some type of harm. The statement must be published (meaning some third party must have heard it), FALSE, and it must result in harm, usually to the reputation. If you can prove that someone made a FALSE statement about you knowingly or recklessly, and published it to other parties, you have established a claim of defamation.
Libel is a false and unprivileged publication by writing, printing, picture, effigy or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. (California Civil Code §45)
Defamation, which consists of both libel and slander, is defined by case law and statute in California. See Cal. Civ. Code §§ 44, 45a, and 46.
Qualifying grounds for suing someone for libel are that they lied about you publicly in a defamatory way. The key word here is LIED.
Meet Roger Marisse.
How does Todd Matthew Phillips feel about his false defamatory statements?
Truth is an absolute defense against allegations of libel/slander/defamation. A caveat to consider, however, is that when someone does sue for libel, the burden falls upon the defendant (Todd Matthew Phillips) to prove his published statements are accurate.
How does one “secretly record” in a Clark County, Nevada courtroom on June 8, 2016 while simultaneously shopping at a pet store in Lodi, California?
California’s statute of limitations for defamation is one (1) year. See California Code of Civil Procedure 340(c).
At trial, both the plaintiff and defendant will present their cases through evidence, including witness and expert testimony. Defamation cases are typically questions of fact, so a jury will decide whether or not the plaintiff was defamed and, if so, the amount of injury damages they’re entitled to receive.
Are you looking forward to hearing Mr. Phillips rationalize his defamatory statements before a judge?