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 …

What is Actual Malice in San Diego and Los Angeles Libel Cases?

When privileges against defamation, e.g., the Privilege for Communication to Interested Persons, are in play, or where a private plaintiff seeks to win punitive damages, the plaintiff must show actual malice motivating the defendant. To do so, a libel or slander plaintiff in California must plead and prove the defendant either 1) knowingly and intentionally defamed him or her, or …

“Mutual Interest” Privilege Against Libel and Slander

What Is the “Mutual Interest” Privilege Against Libel and Slander In San Diego and Mission Viejo, California? California law provides a conditional privilege (not absolute) protecting defendants against claims for libel and slander. It arises from communications without malice by one person to another where both have interest in the matter. If a defendant knows false information he or she …

In San Diego and L.A. When is a Person a Limited Public Figure?

When is a Person a Limited Public Figure in Libel and Slander Cases in San Diego and Los Angeles? The determination of public figure status in California defamation cases is complex. There are multiple differing tests guiding courts all over the country. While each court’s decision on public figure stature requires a case-by-case analysis done by the judge in each …

Important Decision on “Public Figure” Status in Prominent Libel Case

In May 2014, a federal court ruled in a network libel case an international sporting goods supplier is not a public figure — or a limited-purpose public figure. In Mitre Sports International Limited vs. Home Box Office, Inc., the court pronounced Mitre not a public figure for libel purposes. The ruling means the case is proceeding in a way favorable …

What is Slander?

Slander is the oral form of defamation. If someone speaks a false and “unprivileged” defamatory statement — at a meeting, over the TV or radio,in some other form of broadcast, or in a social group setting — the legal term for it is “slander”. Slander occurs when a defamatory statement is made where more than just one person speaks and …

What is Libel in California?

Libel is a false and “unprivileged” statement about another person or company in writing. It might be posted on the Internet (including blogs and online reviews), presented in an article or commentary or a magazine or book.  Libel must contain a provably false statement, which is not written under legal protection (such as in a court document), that causes damage …