Legal Question in Civil Litigation in California

Do I need representation?

The club I worked at was sold, and I made some derogatory remarks about the new owner on the facility website. They are now threatening litigation...what is my next step?


Asked on 6/22/08, 12:54 pm

3 Answers from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Do I need representation?

Unless your remarks constitute defamation (which in general is a statement that is untrue), then your speech is protected under the First Amendment.

If you are sued for engaging in conduct that is protected by the Constitution, you would hire an atotrney who would file a special motion called an antiSLAPP motion. If you prevailed, the other side would have to pay your attorney's fees.

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Answered on 6/22/08, 3:26 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Do I need representation?

Hello. I would need to know more details about your situation.

What exact things did you post on the internet? Most importantly - were those your opinions or were you make representations of facts about the owner?

Can that information be removed? Would you be willing to do that.

Let me know, and I will follow up.

Arkady Itkin

[email protected]

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Answered on 6/22/08, 4:00 pm
Daniel Harrison Berger Harrison, APC

Re: Do I need representation?

It depends on the remarks you made. If they are defamatory, you should stop. If they are not, you have every right to continue. All "derogatory" remarks aren't defamatory. For example, true statements generally aren't defamatory (except in limited situations involving private matters).

However, as a practical matter, you may want to stop anyway to avoid a lawsuit. If you're sued, and the remarks aren't actionable, there is a special motion you can file to have the case dismissed and have the other side pay your attorney's fees.

What remarks did you make? I can give you a better idea of the strength of your position if I know what you said. Feel free to email.

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Answered on 6/22/08, 6:33 pm


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