Does Deletion of a Word in an Allegedly Libelous Internet Post Constitute Republication in San Diego and Los Angeles?

When is a change in an internet blog post or content considered republication in San Diego or Los Angeles?  Defendants in libel cases may view with interest a legal tactic that raises an issue of first-impression (never decided) in California. In the case, the plaintiff sued the defendant over an alleged, three-year old libel in an online business review. Because …

Related to Defamation: Intrusion – Invasion of Privacy – in California

California defines intrusion as (1), intrusion into a private place, conversation, or matter, (2), in a manner highly offensive to a reasonable person. A defendant can defeat an intrusion claim if the plaintiff does not show the defendant penetrated some zone of physical or sensory privacy surrounding the plaintiff – or obtained unwanted access to data about the plaintiff. The …

What Constitutes Defamation in San Diego?

What constitutes defamation in San Diego and what can you do if someone has harmed your reputation or business through slander or libel?  Generally speaking, defamation occurs when a false or untrue written or spoken statement damages your personal reputation or your business.  When a person suffers disparagement or the defamation of their character they usually are forced to endure …

In Los Angeles and San Diego, Is Discovery of an Anonymous Internet Poster’s Identity for Potential Libel Protected by California’s Constitution?

In an action for copyright infringement of music recordings, an anonymous online poster asserted, through an online music site, the defendant routinely uploaded music to its servers, where it was stored and sold to third party users, and remained despite artists or music labels complaining of infringement. The defendant subpoenaed the online music site for the name of the anonymous …

What Are the Forms of Defamation in San Diego and Los Angeles?

Section 44 of the California Civil Code defines Defamation in two forms. Libel is the written form (including photos and other permanent writings, such as an Internet-defamatory statement). Slander is oral defamation. California Civil Code Section 45 defines Slander as “a false and unprivileged publication, orally uttered, and also communicated by radio or any mechanical or other means which: Charges …

Minimum Contacts: In Los Angeles or San Diego, Can You Sue Someone Posting on the Internet From another state for Libel or Slander?

Many prospective clients ask me a very reasonable question. “I’m in Los Angeles. Can I sue an Internet poster of damaging, defamatory statements about me who lives in Chicago? In 2015, a California Court of Appeals responded. The court considered a California plaintiff suing Illinois defendants for libel based on public Facebook statements. The court ruled: [An Illinois resident] “…posting …

What Happens in Los Angeles and Orange County When the Actual Words of Libel or Slander Are Innocent and Only an Inference Defamatory?

Recently a client, a Defendant, asked me why a completely innocent, allegedly libelous statement by itself (without explanatory information) was defamatory when someone had to infer as much, i.e., read libel into it. What makes innuendo or an inference defamatory? California courts have consistently ruled insinuation can be actionable defamation. One court put it this way. “A person may be …