Legal Question in Civil Litigation in California
Malicious ex-tenant - slander?
An ex-tenant of my husband's has sued him in small claims court for his entire deposit. My husband originally offered him half, even though the tenant owes my husband because of the way the property was left. This has been going on for 6 months. 3 months ago, the ex-tenant falsely accused my husband and I of stealing is identity and credit cards, landing us both in jail. I am out on bail, but my husband is still in jail fighting this. While in small claims court last week, the ex-tenant started shouting out to the judge how my husband and I had stolen his credit cards, his identity, and how we were theives and I couldn't be credible because of all this. But I have not been convicted of any crime! Basically, this guy is upset about his deposit and he is being very malicious. When we are finally cleared of these charges, could we sue him for slander because of what he said in the court room?
3 Answers from Attorneys
Re: Malicious ex-tenant - slander?
Things said in a judicial proceeding are covered under judicial privilege. This means you cannot sue for those things, but if he has said things to other people not associated with those proceedings (friends, other tenants, employees, co-workers, etc. . ) anyone that would be willing to testify to his comments, then you would have an actionable claim for defamation. Otherwise his statements to the police and the court, if false, would be perjury or falsifying a police report.
Re: Malicious ex-tenant - slander?
No. You cannot sue anyone for what is said in the course of judicial proceedings. This is privileged, even if false. If he testified falsely under oath he might be guilty of the crime of perjury, but you still cannot sue.
Re: Malicious ex-tenant - slander?
Mr. Snitow's response is correct. There are a couple of other points I wish to add.
The privilege which protects statements made in the course of judicial proceedings also applies to police reports, so you cannot win a defamation claim based upon those reports.
Mr. Snitow points out that the tenant may have committed purjury, and could be criminally prosecuted for that. Knowingly filing a false police report is also a crime, and he can be prosecuted for that as well. You and your husband cannot mount a civil case based upon this.
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