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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10238
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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In a civil suit between medical partners, when one party

Customer Question

in a civil suit between medical partners, when one party discovered " theft" by another party of the use of office space and non payment there of. When documentation was presented to the entire 5 partners, including the party that violated the partnership agreement and did not pay their pro rata share of operating expenses. The finding party presented data and said findings were " tantamount to stealing" and requested the other party to prove otherwise.
This was never discussed outside the partnership meeting and now we have a jury verdict that the discovering party is libel for " defamation of character" How could this be?
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You say that you "now ... have a jury verdict that the discovering party is libel for 'defamation of character'".

This implies that the matter has already gone through trial and has reached a judgment on its merits. There would have to have been some presentation of admissible evidence that supported this judgment, and facts specific to your case which would support the judgment.

While the scenario you describe is not generally sufficient to support a defamation claim (one partner raising questions about accounting), if you believe that the judgment was reached in error, there are a couple of post-judgment motions and procedures you can try.

You can make a motion to the court for a "Judgment notwithstanding the verdict" (termed a "JNOV") asking a judge to overturn the jury's verdict due to insufficient admissible evidence.

You can also file an appeal of the civil case.

The timeframe to do this is very short.

See this link for help: http://www.courts.ca.gov/12429.htm

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