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  1. #1
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    Aug 2019
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    Default Innocent, Caught in Crossfire

    My question involves defamation in the state of: California

    My GF and her ex best friend have been at each others throats since she quit and opened up a harrassment lawsuit against the company they both worked for. Both acting like teenagers back and forth which I opted to have no part of, until just recently. My GFs old friend has opened up a restraining order process against my GF, but named me in their written statement. Her and her boyfriend are stating that I have called them and left threatening voicmails promising violence and death threats and that I have been arrested on multiple accounts for drug related crimes. I have not taken a drugs besides alcohol in over 20 years and have certainly never called and made any threats. I consider their accusations against me be a defamation tort (libel) and if they stick to it at the hearing slanderous as well as perjury. I can easily disprove their statements with phone records and criminal background check. What should I do?

  2. #2
    Join Date
    Sep 2010
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    Default Re: Innocent, Caught in Crossfire

    Ignore them. Nothing good will come from trying to meddle in this.

  3. #3
    Join Date
    Oct 2006
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    15,675

    Default Re: Innocent, Caught in Crossfire

    Quote Quoting flyingron
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    Ignore them. Nothing good will come from trying to meddle in this.
    I disagree. They have named him in the restraining order petition. He does need to defend himself.

    ARichRN, get yourself an attorney.

  4. #4
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    Default Re: Innocent, Caught in Crossfire

    Quote Quoting llworking
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    I disagree. They have named him in the restraining order petition. He does need to defend himself.

    ARichRN, get yourself an attorney.
    It depends what he meant by "named". If they just mentioned him in the supporting information, there's nothing to "defend." If the RO is directed against him, then yes he needs to take action. I assumed the former.

  5. #5
    Join Date
    Jan 2006
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    Default Re: Innocent, Caught in Crossfire

    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.

  6. #6

    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.

  7. #7
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    Aug 2019
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    14

    Default Re: Innocent, Caught in Crossfire

    Quote Quoting flyingron
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    It depends what he meant by "named". If they just mentioned him in the supporting information, there's nothing to "defend." If the RO is directed against him, then yes he needs to take action. I assumed the former.
    she quit and opened up a harrassment lawsuit against the company they both worked for. Both acting like teenagers back and forth which I opted to have no part of, until just recently. My GFs old friend has opened up a restraining order process against my GF, but named me in their written statement. Her and her boyfriend are stating that I have called them and left threatening voicmails promising violence and death threats and that I have been arrested on multiple accounts for drug related crimes. I have not taken a drugs besides alcohol in over 20 years and have certainly never called and made any threats. I consider their accusations against me be a defamation tort

    Quote Quoting DENIMKATY
    View Post
    she quit and opened up a harrassment lawsuit against the company they both worked for. Both acting like teenagers back and forth which I opted to have no part of, until just recently. My GFs old friend has opened up a restraining order process against my GF, but named me in their written statement. Her and her boyfriend are stating that I have called them and left threatening voicmails promising violence and death threats and that I have been Tutuapp 9Apps ShowBoxarrested on multiple accounts for drug related crimes. I have not taken a drugs besides alcohol in over 20 years and have certainly never called and made any threats. I consider their accusations against me be a defamation tort
    It depends what he meant by "named". If they just mentioned him in the supporting information, there's nothing to "defend." If the RO is directed against him, then yes he needs to take action. I assumed the former.

  8. #8

    Default Re: Innocent, Caught in Crossfire

    Quote Quoting llworking
    View Post
    I disagree. They have named him in the restraining order petition. He does need to defend himself.

    ARichRN, get yourself an attorney.
    harrassment lawsuit against the company they both worked for. Both acting like teenagers back and forth which I opted to have no part of, until just recently. My GFs old friend has opened up a restraining order process against my GF, but named me in their written statement. Her and her boyfriend are stating that I have called them and left threatening voicmails promising violence and death threats and that I have been arrested on multiple accounts for drug related crimes. I have not taken a drugs besides alcohol in over 20 years and have certainly never called and made any threats.

  9. #9
    Join Date
    Oct 2006
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    15,675

    Default Re: Innocent, Caught in Crossfire

    Quote Quoting nailiyatsi
    View Post
    harrassment lawsuit against the company they both worked for. Both acting like teenagers back and forth which I opted to have no part of, until just recently. My GFs old friend has opened up a restraining order process against my GF, but named me in their written statement. Her and her boyfriend are stating that I have called them and left threatening voicmails promising violence and death threats and that I have been arrested on multiple accounts for drug related crimes. I have not taken a drugs besides alcohol in over 20 years and have certainly never called and made any threats.
    Again, You want to get an attorney on board for you to defend against the allegations.

  10. #10
    Join Date
    Oct 2016
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    3,306

    Default Re: Innocent, Caught in Crossfire

    nailiyatsi is not the OP

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