Legal Question in Personal Injury in California

Suing for defamation

If one person brings a lawsuit for defamation but they know they will not win the case based on the fact that statements are basically true, yet they pursue it for the reason of making defendant's life hard and hoping for a settlement...Can the defendant sue back, at what point and on what grounds?


Asked on 8/12/02, 6:57 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Suing for defamation

If you win the defamation suit, you may be able to prevail in an action for maliscious presecution. First you have to win.

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Answered on 8/16/02, 3:11 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Suing for defamation

The defendant can file a lawsuit for malicious prosecution, but only *after* obtaining a favorable termination in the trial court. You can't file a cross-complaint and make your argument part of the present lawsuit. You should also be aware that most settlements are not viewed as favorable terminations; you basically need to get a judgment in your favor, a dismissal or some similarly definitive result vindicating your position.

Additionally, you will need to prove that the plaintiff knew that his/her position was meritless.

Good luck.

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Answered on 8/13/02, 5:11 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Suing for defamation

You can win a suit for abuse of process or malicious prosecution. However, wait until this suit is over and then consult with your attorney.

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Answered on 8/14/02, 11:39 pm


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