Legal Question in Personal Injury in California

Neighbor said I threatened to kill him and harm his family if he bought our house. I did NOT do that. When he showed up unexpectedly on the front porch and was asked to leave he refused. I asked several times and used profanity. I was extremely exasperated at being lied to by the real estate agent. Prospective buyer said, \"what am I doing?\" I said, \"you are trespassing.\" \"I have a gun and if you don\'t leave I will shoot you for trespassing.\" He told several neighbors and the court, in a declaration, that he was backing out of the deal because I threatened him and that his family was in fear of me killing them. The fact is that he wanted his $10,000 deposit back to buy a different house for sale $11K LESS than ours. When a Buyer is \'in contract\' he is not entitled to a refund so I feel he made up this lie just to get his money back. I have PROOF, his bank account can be reviewed using subpoena duces tecum and the County Recorder transfered title just after he received his $10K back and paid $70K cash. Is this libel per se?

Asked on 7/29/09, 4:58 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

It's not libel if it's in a declaration that is part of a court case because it's privileged. I assume there's a court case going on.

Why not have your own lawyer draft a declaration as part of what ever case you're in? But without an explanation of the precise proceeding you?re in, it's difficult to see what your options are. It could make a difference whether this is a rescission lawsuit brought by him to get out of the contract, or a suit for something else, etc., etc.

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Answered on 7/29/09, 11:20 pm

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