Legal Question in Personal Injury in California

Slander by President of Youth Sports Organization

I am on the Board of a youth sports organization. I recently confronted the Board president regarding her decision to reschedule a game at the request of another Board member; scheduling is part of my job description, not hers. She took the position that the best defense is a good offense--another parent said she accused me of trying to use my position to benefit my own child. I wasn't happy about this, but then she called an executive committee meeting (Pres, VP, Sec, & Treasurer) and played the part of accuser, prosecuter, witness and part of the jury. No input other than the president's accusations were considered and I was removed from my position, although I am still on the Board as it would take a 2/3 vote to remove me and she couldn't come close to getting the required votes.

I could be accused of being a hothead at times, but I have a long track record of integrity. This personal attack on my character is painful for the effect on my family and my personal reputation in this community. Until January, I was a full-time Realtor in this area and still sell real estate part-time. Do I have legal recourse against this woman for slander or defamation of character? Can I pursue her individually, not the organization?


Asked on 4/09/06, 11:40 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Slander by President of Youth Sports Organization

Probably not. Some types of communication are privileged and cannot form the basis of a defamation claim. The statements you describe seem to fall within the "common interest" privilege, which essentially applies to any communication between people whose positions involve considering the type of information they received.

You, the president and the rest of the board have a common interest in running the organization properly and in making sure that its leadership acts ethically. A challenge to the ethics of a board member is thus a proper subject for the board to consider.

Why is this type of communication privileged? Because if it weren't people would be reluctant to report problems which we, as a society, want reported. When there actually is something unethical going on we want someone to tell those in charge, not to let it continue for fear of being sued.

Had the president made these accusations to outsiders you might have a claim. But because they were strictly internal I don't believe you do.

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Answered on 4/12/06, 8:47 pm


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