Legal Question in Personal Injury in California

Can I sue CPS for defamation of character, court records state allegations of lewd and lascivious acts I committed on my grandchildren.

Asked on 5/16/13, 11:36 pm

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1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Probably not, but I would need to know more facts before I could say for sure. Statements made in litigation (whether written or oral, and whether made in court or out) are privileged from defamation lawsuits. So are statements made by public officials in the course and scope of their duties. It sounds like both of these privileges would apply here.

What's more, my guess is that CPS didn't accuse you but instead merely reported that other people had made such accusations. If that was an accurate statement, it wouldn't be defamatory even if the privileges did not apply.

As I said, though, I might see things differently if I had more facts.

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Answered on 5/17/13, 12:40 pm

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