Legal Question in Civil Litigation in California

Does a Minor-Child have a defamation case against ALEX (stranger) who tells the minor's father "your child is vandalising neighbors tires.... and all the neighbors known about it. Upon the mother finding out, she is outrage that AlEX is defaming her minor child. Does father count as the 3rd party listening to this form of defamation?


Asked on 12/03/13, 8:53 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You don't claim that the statement is false. If the child really did what he's accused of doing, then saying so isn't defamatory.

Reports to parents about their children's behavior might also fall within the common-interest privilege, which covers discussions between people with an interest in the subject being discussed. Offhand, though, I don't know if they do.

Besides, defamation is only actionable if it injures the person the statement is about. The mother's anger does not make the statement about her child defamatory.

Read more
Answered on 12/04/13, 11:54 am


Related Questions & Answers

More General Civil Litigation questions and answers in California