Legal Question in Civil Litigation in California

Defamation / Slander: Any recourse?

My wife and I belong to a large organization. We were once friends of another couple in the club who've now taken to spreading rumors about my wife and I, such as we're swingers, into swapping, that my wife gropes other men, etc. They've been trying to make us go away to no avail, so now they're spreading that my wife is a child molester! They're saying these things to other members as well as others outside the club. Others have come to us with these rumors knowing they're not true and they can be verified. This all started because the woman came to us one night after her husband stuck a loaded gun to here head! He can't handle the fact that we know so he's trying to make us ''go away''. What legal recourse do we have?


Asked on 7/17/02, 10:57 pm

3 Answers from Attorneys

Jeffrey D. Olster Russakow, Ryan & Johnson

Re: Defamation / Slander: Any recourse?

It sounds like you have a potential slander claim. You should consult with an attorney for a further evaluation as to whether formal legal action should be pursued.

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Answered on 7/18/02, 12:45 pm

Re: Defamation / Slander: Any recourse?

A cease and desist letter from an aggressive attorney will probably do the job.

D. Alexander Floum is an experienced attorney and teaches law to both practicing lawyers and law school students.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

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Answered on 7/18/02, 12:59 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Defamation / Slander: Any recourse?

Certainly the club, the couple, and all who have repeated the slander are exposed to liability for special and general damages, including pain and suffering. Punitive damages are available against the man who assualted your wife with a deadly weapon, it is extreme and outrageous, and your attorney should refer your wife to a psychologist for treatment and documentation of emotional distress. Act quickly as the statute of limitations is only one year, call me directly at (619) 222-3504.

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Answered on 7/18/02, 1:34 pm


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