Thanks for the information.

On the date of your hearing, the judge will make a decision based on the merits of your clam. The judge will make his/her decision based on the facts, credibility of any witnesses and any evidence of libel that you present to the judge, and the Defendant's response to your claims (including any defenses, credibility of witnesses and any evidence of a defense) and any other relevant factors. Once the judge makes his/her decision, it is the judge who will fashion an appropriate remedy based on the facts presented to the court. The Court may issue a money award and/or order the defendant to stop publishing comments about you or your business.

As you are aware, Defamation consists of either/and slander (spoken) or libel (written). The elements that you must prove are as follows:

Below is a link that explains what must be proven by a Plaintiff for libel for private persons. The link also provides citations to case law. It is a link to an attorney's office. However I am NOT making a referral of any kind. I provide it for informational purposes only.
Litigation/docs/caci/1700/1704.html" target="_blank">
http://www.pedigolaw.com/what-is-the-law-of-defamation-in-california/

Each case is fact specific, and the judge will determine the amount of damages that you are entitled to if you win. The judge is limited to a maximum award of $7,500.00 if you filed as a person and $5,000.00 if you filed as a business, corporation, etc. Also, as stated earlier, the judge can order the defendant to stop publishing comments about you or your business.

Other resources that are available are:

• Small Claims Adviser—Small claims advisers provide free individual personal advisory services to small claims disputants. The law requires each county to provide a small claims advisory service. Some advisers are available only by phone, others by e_mail, while others may be visited in an office setting. Some advisory services provide recorded advice by phone. Some advisory services provide in person workshops. All small claims advisers provide information regarding the procedural rules. Some will also assist you in preparing your case. To locate your local small claims adviser, contact the local small claims clerk or look in your telephone directory. The small claims advisory services of all counties are listed in the Web sites of the Department of Consumer Affairs at www.dca.ca.gov/consumer/mediation_programs.shtml, and of the Judicial Council at www.courtinfo.ca.gov/selfhelp/smallclaims/scbycounty.htm.
• Publications—Small claims court procedural rules are summarized and explained in a Department of Consumer Affairs publication entitled Consumer Law Sourcebook: Small Claims Court Laws & Procedures. While the Consumer Law Sourcebook is written principally for judges and small claims advisers, some disputants find it useful. Most county law libraries make reference copies available to the public. Your county law library may also have books on the subject of your claim. Materials published by the Department of Consumer Affairs can be ordered from its Consumer Information Center at(NNN) NNN-NNNN or its Policy and Publications Development Office at(NNN) NNN-NNNNor(NNN) NNN-NNNN

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