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socrateaser
socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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Socrateaser Sir - What is the statute of limitations on a Defamation

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Socrateaser Sir - What is the statute of limitations on a Defamation of Character suit? A family member filed a perjurious declaration in my divorce proceedings that contains such serious allegations that I can not afford to have it remain part of the public record. Apparently I was under the false impression that the Court would act against an individual lying to the court. I am currently seeking to require opposing counsel to strike the perjurious declaration, as per CCP 128.7. The lying declaration makes claims of life-long mental illness and being financially incapacitated. Opposing counsel could have simply asked my ex to provide copies of tax returns, which prove that I supported us both for many years. After being a stay-at-home parent for six years, how can I expect to land a decent job with this kind of b.s. on the public record? I have already asked in open court for the perjuriuos declaration to be struck from the record, opposing counsel said "there is no evidence to suggest the declaration is untrue", completely ignoring his obligation to make a reasonable inquiry as to whether the assertions are well-grounded in fact.

Are there any other options besides a 128.7 sanctions motion to clear the public record of this damaging declaration?
Submitted: 4 years ago.
Category: Family Law
Expert:  socrateaser replied 4 years ago.
What is the statute of limitations on a Defamation of Character suit?

A: One year. Code Civ. Proc. 340.

After being a stay-at-home parent for six years, how can I expect to land a decent job with this kind of b.s. on the public record?

A: I've never seen this sort of stuff appear in a prospective employer's background screen. I suppose that technological changes could make it easier to include such information, but at the moment, I don't see it. You may want to run a check on yourself, and see what comes up. See this link.

Are there any other options besides a 128.7 sanctions motion to clear the public record of this damaging declaration?

A: Motion to file records under seal. Cal. R. Ct. 2.551(b)(6),(d),(e).

Hope this helps.

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