[CA] what can i do about libelous information submitted by another party about me?

[Hunter R.]

Jurisdiction

California

A party submitted, for a small claims case against me, libelous information in a Declaration that I can easily disprove. Is there any way to bring to the judge's attention that this libelous declaration was submitted? I already submitted a declaration disproving what she said, but I don't think the judge reads these documents. This libelous info could affect my life. Are there any repercussions for doing this (aside from harming her case)? This person is a professional.

 

[army judge]

A party submitted, for a small claims case against me, libelous information in a Declaration that I can easily disprove. Is there any way to bring to the judge's attention that this libelous declaration was submitted? I already submitted a declaration disproving what she said, but I don't think the judge reads these documents. This libelous info could affect my life. Are there any repercussions for doing this (aside from harming her case)? This person is a professional.

To establish a defamation claim in California, you must prove four facts:

That someone made a false statement of purported fact about you;
That the statement was made (published) to a third party;
That the person who made the statement did so negligently; recklessly and/or intentionally;
and, that as a result of the statement, your reputation was damaged.

California law recognizes two types of defamation: libel and slander.

The main difference is whether a defamatory statement was made verbally (constituting slander) or in writing or other tangible medium (constituting libel).


California Defamation (Libel and Slander) Laws

https://www.forbes.com/advisor/legal/personal-injury/defamation-lawsuit-guide/

Filing a Civil Lawsuit for Defamation: What to Expect

Before you take legal action over libel or slander, get an idea of what the process might look like.

Updated by David Goguen, J.D. | Updated by Stacy Barrett, Attorney

You may be able to file a defamation lawsuit if someone makes a false statement about you that damages your reputation.

Written defamation is called "libel." Spoken defamation is called "slander."

Steps in a defamation lawsuit include filing a complaint, exchanging information about the case with your opponent ("discovery"), settlement negotiations, and potentially a jury trial.

Proving defamation is hard. A lawyer can help you figure out whether a defamation lawsuit can help you clear your name and get compensation for your losses.

If someone is spreading lies about you, you might be able to file a civil lawsuit for defamation. Defamation happens when someone makes a false statement of fact about you that harms your reputation. Written defamation is called "libel." Spoken defamation is called "slander."

In this article, we'll walk you through the process of pursuing a defamation lawsuit and answer your questions about what exactly you'll have to prove, how long your lawsuit might take, and whether—and how much—you're likely to win.




Filing a Civil Lawsuit for Defamation: What to Expect
Before you take legal action over libel or slander, get an idea of what the process might look like.

Updated by David Goguen, J.D. | Updated by Stacy Barrett, Attorney

You may be able to file a defamation lawsuit if someone makes a false statement about you that damages your reputation.
Written defamation is called "libel." Spoken defamation is called "slander."
Steps in a defamation lawsuit include filing a complaint, exchanging information about the case with your opponent ("discovery"), settlement negotiations, and potentially a jury trial.

Proving defamation is hard. A lawyer can help you figure out whether a defamation lawsuit can help you clear your name and get compensation for your losses.

If someone is spreading lies about you, you might be able to file a civil lawsuit for defamation. Defamation happens when someone makes a false statement of fact about you that harms your reputation. Written defamation is called "libel." Spoken defamation is called "slander."

In this article, we'll walk you through the process of pursuing a defamation lawsuit and answer your questions about what exactly you'll have to prove, how long your lawsuit might take, and whether—and how much—you're likely to win.

Elements of a Defamation Lawsuit
Defamation laws vary slightly from state to state, but the general principles are the same no matter where you live.

A plaintiff suing for defamation typically must show that the defendant:

made a false statement of fact about the plaintiff
the statement was made to a third party (someone other than the plaintiff)
the statement harmed the plaintiff's reputation, and
the defendant was negligent (careless) about whether the statement was true or false.
Plaintiffs who are public figures—politicians, actors, professional athletes—must show more than negligence. Public figures must show that a defendant acted with malice, meaning the defendant made false statements about the plaintiff knowing they were false or with reckless disregard for the truth. Actual malice is harder to prove than negligence.

Learn more about how to prove defamation.

Talk to a Lawyer to Get Your Defamation Lawsuit Started
The best first step to getting a defamation lawsuit going is to hire a lawyer to discuss your legal options. If the defamatory statements were made online, make sure to bring screenshots to show your lawyer. If it was published in a newspaper or book, bring hard copies. If the defamatory statements were verbal only, bring a list of people who heard the defendant make the statements.

You can typically get compensation for actual harm in a defamation case. Show your attorney documentation of financial losses you suffered because you were defamed, including accounting or bank statements, pay stubs, income tax information, contract termination notices, or anything else that shows you have lost money or lost income opportunities. You'll need the right types of evidence to back up your defamation claim.

Be honest with your lawyer. Truth is an absolute defense to a defamation lawsuit. You don't want your attorney to learn that the allegedly false statements the defendant made about you are actually true for the first time in court. Better to share facts that might be harmful to your case in advance so that your lawyer can be prepared and give you meaningful advice.

Learn more about how a lawyer handles a defamation lawsuit.

Steps in a Defamation Lawsuit
The steps in a defamation lawsuit are the same steps plaintiffs and defendants have to navigate in other personal injury lawsuits.

File a Complaint
Once you've decided to pursue a defamation lawsuit, you or your attorney will file a complaint in your state's civil court system. A complaint is the document that gets the lawsuit started. Be sure to get your complaint filed within the time limit to file a defamation lawsuit in your state, called the "statute of limitations."

Get more details on starting a defamation lawsuit.

Service, Answer, and Discovery
After the complaint is filed, you'll have to serve the defendant with a copy following the service of process rules of your state. The defendant will have a brief window of time to file an answer to your complaint.

Next, the "discovery" phase begins. You and the defendant will exchange information about the case. For example, you might exchange written questions with the defendant called interrogatories. These questions are answered under oath, and they help both sides learn about the facts of the case and potential witnesses.

You might also exchange physical evidence related to the dispute, often documents. Your attorney will work with you to gather this evidence and answer questions. Your attorney can advise you about when you might be able to withhold documents or decline to answer questions.

Depositions
A deposition is an interview of a party or witness under oath before trial. Depositions help attorneys figure out how a jury might perceive witnesses and evaluate the strengths of their claims and defenses.

Learn more about how depositions work.

Settling a Defamation Case
Discovery sets the stage for settlement talks. The more information both sides have about the case, the more likely they are to settle their defamation case.

There are many reasons why most personal injury cases settle before trial, including to:

save time and money
avoid the uncertainty of a trial
keep the case out of the public eye, and
reduce anxiety and stress.
If you can't reach a settlement, your case will either be dismissed or you'll go to trial. You can voluntarily dismiss your case at any time or a judge may grant the defendant's motion to dismiss.

Learn more about what happens at trial in a defamation case.

What Is the Average Defamation Settlement Amount?
No two defamation cases are exactly the same and each state has its own defamation laws, so it's impossible to say what an average defamation case is worth.

Defamation cases are often in the news. For a few months in 2022, it was impossible to ignore Johnny Depp's defamation trial against his ex-wife, Amber Heard. The trial ended with a $10.35 million verdict in Depp's favor. But most defamation cases don't end in multimillion-dollar awards. You may lose your case and get nothing. You may win your case and get nominal damages as low as $1, or you may end up with an outcome that satisfies your goals. The value of your defamation case will depend on your individual circumstances.

Is It Hard to Win a Defamation Case?
Defamation claims are hard to prove and for good reason. Defamation laws have to strike a balance between society's interest in protecting free speech and your interest in defending your reputation.

Slander claims tend to be harder to prove than libel claims because you have to find witnesses who will testify about what they heard instead of simply having the defamatory statements preserved in writing.

Defamation claims against public figures are harder to prove than claims against private figures because public figures must show that they were defamed with actual malice. Why? Lawmakers and courts have decided that the public has a right to openly discuss and criticize the people who govern and influence them, as long as they aren't intentionally or recklessly spreading lies about those public figures.

Defendants can defeat a defamation claim by raising certain privileges and defenses. Most commonly defendants argue that the statements they made were true or that they were just stating an opinion and not a fact.

Filing a Civil Lawsuit for Defamation: What to Expect

 

[adjusterjack]

A party submitted, for a small claims case against me, libelous information in a Declaration that I can easily disprove.

Then you go to court and you disprove it.

Is there any way to bring to the judge's attention that this libelous declaration was submitted? I already submitted a declaration disproving what she said, but I don't think the judge reads these documents.

They probably just get put in the case file and he may or may not read them during the trial. He'd be more concerned with the testimony and evidence of the parties.

Are there any repercussions for doing this (aside from harming her case)?

No. As long as the statements are part of the litigation, they are protected speech in accordance with CA Civil Code Section 47(b):

Law section (ca.gov)

Explained in the following article:

Understanding California's litigation privilege - One Legal

 

[zddoodah]

A party submitted, for a small claims case against me, libelous information in a Declaration that I can easily disprove. Is there any way to bring to the judge's attention that this libelous declaration was submitted?

Depends on the reason for the submission of the declaration. Typically, declarations are submitted in support of motions (or oppositions thereto or replies to oppositions). If the declaration was submitted in support of a motion or opposition, then you can address your concerns in your opposition or reply. If if was submitted in support of a reply, you can try filing a surreply and hope that the court will consider it. If not, you deal with it at the hearing on the motion.

I already submitted a declaration disproving what she said, but I don't think the judge reads these documents.

Either the judge or the court's research attorney will read it. On the off chance that they don't, then submitting yet another document that they won't read isn't likely to do you any good.

This libelous info could affect my life.

How? Be specific, including a description of how anyone not involved in the case might become aware of the declaration.

Are there any repercussions for doing this (aside from harming her case)?

Defamatory statements made in the context of litigation are generally privileged against defamation claims.

 

[J.phlps]

I thought everything filed in small claims is public record..

 

[adjusterjack]

I thought everything filed in small claims is public record..

They are.

"Privileged" in this context just means that the statements are generally exempt from defamation claims.

 

[zddoodah]

I thought everything filed in small claims is public record.

It is, but so what?

Hundreds of thousands of lawsuits have been filed in your lifetime. How many documents filed in those cases have you read (excluding cases in which you were a party or otherwise involved)?

If you're claiming that the declaration in question could, theoretically, cause you damage because there is an infinitesimal chance that someone who knows you might read it, that's not legally meaningful (even putting the litigation privilege aside).

Side note for @adjusterjack - query whether this OP's two related threads ought to be consolidated.

 

[Hunter R.]

Depends on the reason for the submission of the declaration. Typically, declarations are submitted in support of motions (or oppositions thereto or replies to oppositions). If the declaration was submitted in support of a motion or opposition, then you can address your concerns in your opposition or reply. If if was submitted in support of a reply, you can try filing a surreply and hope that the court will consider it. If not, you deal with it at the hearing on the motion.

Either the judge or the court's research attorney will read it. On the off chance that they don't, then submitting yet another document that they won't read isn't likely to do you any good.

How? Be specific, including a description of how anyone not involved in the case might become aware of the declaration.

Defamatory statements made in the context of litigation are generally privileged against defamation claims.

Thank you for all of this info. The Declaration wasn't in support of anything; I think it was filed by her specifically so that I would read it, but the exhibits she herself submitted as attachments to the declaration directly contracted the statements she made in it.

As for anyone becoming aware of it, my name is highly unusual - I'm the only one with this name in the country - so anyone googling my name comes across the case, and then if they do a simple search on the court's website, all filings are available for download.

 

[doucar]

Thank you for all of this info. The Declaration wasn't in support of anything; I think it was filed by her specifically so that I would read it, but the exhibits she herself submitted as attachments to the declaration directly contracted the statements she made in it.

As for anyone becoming aware of it, my name is highly unusual - I'm the only one with this name in the country - so anyone googling my name comes across the case, and then if they do a simple search on the court's website, all filings are available for download.

When I served as a Small Claims Court Judge pro tem, although it was several years ago, all exhibits were returned to the parties and not kept by the court. The only thing in the file, was the original petition and response, if any.

 

[zddoodah]

As for anyone becoming aware of it, my name is highly unusual - I'm the only one with this name in the country - so anyone googling my name comes across the case

No. California superior court case records do not come up when one's name is googled, unless the case has been picked up by a third-party reporting service, but I'm not aware of any service that indexes small claims records.

and then if they do a simple search on the court's website, all filings are available for download.

While I can't say I'm familiar with the practices of every one of the 58 California counties, I'm not aware of any that make small claims filings available for download (or at least not free download).

Regardless, all this seems to be premised on someone googling your name and being sufficiently interested to pull filings off the court's website BUT also being dumb enough to believe allegations made in a small claims case, AND that far-fetched scenario resulting in actual damage. Needless to say, the lack of all that happening is infinitesimal.

When I served as a Small Claims Court Judge pro tem, although it was several years ago, all exhibits were returned to the parties and not kept by the court. The only thing in the file, was the original petition and response, if any.

While I've never served as a judge pro tem, that's also my experience with supervising a team of employees responsible for handling small claims cases.

 

[adjusterjack]

Side note for @adjusterjack - query whether this OP's two related threads ought to be consolidated.

Might have been as there is only one thread now. With two posts.

 

[zddoodah]

Might have been as there is only one thread now. With two posts.

I may have been confusing this with another small claims thread. Thanks.