Okay, thank you for your clarification. This may not be extortion. However, it may be defamation
Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. Ca. P. C. Sec. 518.
This is not extortion. However as stated, it may be defamation.
To sue in a state court
, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Now, the elements of a defamation claim are: publication of a statement of fact that is false, unprivileged, has a natural tendency to injure or which causes "special damage," and the defendant's fault in publishing the statement amounted to at least negligence. Cal. Civ. Code §§ 44, 45a, and 46.
It is not illegal to "air dirty laundry" about someone else in public, even if they are your partners (there are partner duties, but they do not prohibit free speech). However, if he gave a false claim that defamed the LLC and/or other partners, then this may be defamation and may be actionable.
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