In San Diego and San Francisco, if the Statute of Limitations Has Passed on a Defamatory Publication, are All Similar Publications Time-Barred?

The general rule states any repetition of libel or slander is a separate defamatory publication and generates a new cause of action. Several years ago, the California Supreme Court put it this way. “In general, the repetition by a new party of another person’s earlier defamatory remark also gives rise to a separate cause of action for defamation against the …

The Litigation Privilege: When Does It Shield Pre-Litigation Defamatory Statements in San Diego and Los Angeles?

Prospective defamation clients sometimes ask about what lawyers commonly dub the “litigation privilege.” Civ. Code § 47(b). This privilege affords wide immunity from libel and slander claims to a person defending or suing for those torts. Notably, this broad protection is also generally thought to protect pre-litigation communications (such as a demand letter). That is not always true. Lawyers pleading libel and slander can …

How Does a Defamed Person in San Diego or Del Mar Prove Actual Malice When the Publisher of Libel or Slander Denies Hatred and Ill Will?

The law treats defamation with actual malice more harshly than that committed negligently. The victim’s evidence required to show such malice must be clear, unambiguous, and very convincing — a much higher standard than that governing most civil cases. The law also provides a qualified privilege to defendants who stand accused of defamation with actual malice.  In cases – usually …

What Happens in San Diego and Rancho Santa Fe if a Libel or Slander Per Se Defendant Asserts No One Believed his or her Statements Defamatory?

Because the law presumes damages for defamation per se, plaintiffs need not show anybody believed the libel or slander. Similarly, the law requires no plaintiff to prove changes in anyone’s impressions of, or conduct toward, him/her/it. Approving 1956 case law, a court recently confirmed, “ ‘it is not necessary that anyone believe [defamatory statements] to be true, since the fact …

When Do You Know There is a Breach of Contract in San Diego and Encinitas?

Here in San Diego and throughout California, a breach of contract is a serious matter. Breach occurs when one of the parties fails to perform a promise made in the agreement. Sometimes one party notifies the other it (or they) are unable or unwilling to fulfill their part of the agreement. The consequences of such a violation for both parties …

San Diego Real Estate Disputes Require an Attorney with Experience and Expertise

The value of San Diego real estate heightens the stakes of local real estate disputes. Successful resolution requires a balance of experience and expertise from your real estate attorney. Real property contests — a boundary dispute, performance of a commercial lease, purchase and sale problems, or hidden defects, among others, — can grow expensive for both parties, especially if the …

Considerations In California If the Statute of Limitations Has Expired on a Libel Claim

Defendants, those accused of libel, need to know the general legal rule that every repetition of a defamatory statement is a separate publication and creates a new cause of action. In October 2014, a California appellate court reaffirmed the rule. Sanctioning earlier law without citing its language, the court endorsed earlier case law (See Schneider v. United Airlines, Inc., 208 …

Does The Hearsay Rule Bar Evidence Showing Publication of Defamation in Los Angeles and San Diego?

In California libel and slander cases, defendants sometimes dispute the elemental fact of “publication” of defamatory statements, asserting that the Hearsay Rule bars introduction of unauthenticated evidence to prove publication occurred. “Hearsay evidence” is that of a statement made outside court to prove the truth of what a party asserts. Such evidence cannot be cross-examined. It is so highly suspect …

Defamation Case Question In San Diego And Los Angeles

Can a defamation Plaintiff in San Diego or Los Angeles win without showing at least mere negligence by the Defendant? A Supreme Court case says yes, a defamation plaintiff in San Diego or Los Angeles can win without showing at least mere negligence by the defendant in certain circumstances. Although many lawyers consider it settled law, proof of negligence, as …