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  1. #11

    Default Re: Innocent, Caught in Crossfire

    Quote Quoting jk
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    Op needs to understand the plaintiff is protected by privilege when filing a suit and testifying in court. That defeats a claim of defamation. Op needs to defend himself if he is named as a defendant in the suit or otherwise called to testify. Otherwise there isn’t anything for him to do.
    Are you aware that the OP is not named as a respondent or party to the RO application? If so, do you know of any competent legal authority that would extend the litigation privilege to cover allegations slandering a person having no interest in the proceedings?

    Also, if so, how would you propose to show that the libelous per se misconduct allegedly attributed to the OP in any way serves to achieving the object of the litigation; to-wit: the issuance of a protective order enjoining the complained conduct of another person.

  2. #12
    Join Date
    Oct 2006
    Posts
    15,426

    Default Re: Innocent, Caught in Crossfire

    Quote Quoting latigo
    View Post
    Are you aware that the OP is not named as a respondent or party to the RO application? If so, do you know of any competent legal authority that would extend the litigation privilege to cover allegations slandering a person having no interest in the proceedings?

    Also, if so, how would you propose to show that the libelous per se misconduct allegedly attributed to the OP in any way serves to achieving the object of the litigation; to-wit: the issuance of a protective order enjoining the complained conduct of another person.
    In the first post it does seem as though serious accusations were made against the OP in the original complaint. Therefore I don't think that we can rule out the OP being a defendant. He needs to have a local attorney review the complaint.

  3. #13

    Default Re: Innocent, Caught in Crossfire

    Quote Quoting llworking
    View Post
    In the first post (?) it does seem as though serious accusations were made against the OP in the original complaint. (?) Therefore I don't think that we can rule out the OP being a defendant. (?) He needs to have a local attorney review the complaint.
    The OP's "first post"? Where is his second"?

    And what do you mean "original complaint"? There is no complaint - original or otherwise. Nor is there a defendant.

    The process for securing a civil restraining order in California is initiated NOT by filling a complaint, but by completing and submitting Form CH 100 entitled "Request for Civil Harassment Restraining Orders" in which the named parties are: (1) "The Protected Person" (commonly referred as the Petitioner), (2) any "Additional Protected Persons" (family, household members, etc.,) and (3) "The Restrained Person" (commonly referred to as the Respondent)

    Last the reason that: (1) You "don't think that we can rule out the OP being a defendant" . (2) You only harbor suspicions as to the serious nature of written accusations that are libelous per se. (3) You have failed to recognize, much less address the core question of whether or not the libelous statements contained in the Request for Restraining Order directed against a person that is not a party to the proceedings are privileged and hence not actionable. Is because in my humble but considered opinion your are plainly ill-equipped and unsuited to participate as a contributor to this law forum.

  4. #14
    Join Date
    Sep 2010
    Posts
    19,059

    Default Re: Innocent, Caught in Crossfire

    Again, unless he is the person "Request for Civil Harassment Restraining Order" he has no rights to inject himself into the restraining order procedure. Further, nothing said about him in the filing is actionable.

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