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California Civil Code: Law of Libel and Slander Defamation
California Code of Civil Procedure Section 44: Libel and Slander
44. Defamation is effected by either of the following: (a) Libel (b) Slander California Code of Civil Procedure Section 45: Definition of Libel
45. Libel is a false and unprivileged publication by writing,printing, picture, effigy, or other fixed representation to the eye,which exposes any person to hatred, contempt, ridicule, or obloquy,or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. California Code of Civil Procedure Section 45(a): Libel Damages 45a. A libel which is defamatory of the plaintiff without thenecessity of explanatory matter, such as an inducement, innuendo orother extrinsic fact, is said to be a libel on its face. Defamatorylanguage not libelous on its face is not actionable unless theplaintiff alleges and proves that he has suffered special damage as aproximate result thereof. Special damage is defined in Section 48aof this code. California Code of Civil Procedure Section 46: Slander 46. Slander is a false and unprivileged publication, orallyuttered, and also communications by radio or any mechanical or other means which:
1. Charges any person with crime, or with having been indicted,convicted, or punished for crime;
2. Imputes in him the present existence of an infectious,contagious, or loathsome disease;
3. Tends directly to injure him in respect to his office,profession, trade or business, either by imputing to him generaldisqualification in those respects which the office or otheroccupation peculiarly requires, or by imputing something withreference to his office, profession, trade, or business that has anatural tendency to lessen its profits;
4. Imputes to him impotence or a want of chastity; or
5. Which, by natural consequence, causes actual damage.
For More Information Call The Law Offices of Steven C. Vondran at(877) 276-5084
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4 comments:
Hello Steven,
Can somebody be charged with Slander for orally accusing an innocent person of being a sex offender, with witnesses, in California?
What would make this a good case?
I have a nonprofit organization, 501c3. Came out to California to do a fundraiser. Unfortunately was working with a person who mislead me to believe he was a businessman and had experience in helping. During our working relationship, he became violent and mentally abusive to many working on our fundraising project. Once I arrived back to Tampa we sent him a cease and desist letter. He has since created an enormous nightmare. He has interferred with the business of musicians sending letter after letter, posting on facebook slanderous and hateful posts. His letters are lies after lies, it's as if he is in a dream. he is causing so much pain on many, has prevented us from doing fundraisers and has interfered with musicians while they are performing. Writing a letter to you seems to minimize what we are going through, we really need help. This person is destructive to others.Please help. Desperate in Florida, Judy
So Cal Internet Lawyer if you really want to know about internet laws and this blog is really very useful for us because with the help of this blog we can comes to know about internet laws. Really thankful to you for posting this blog.
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