Where can I find settlement examples to include with my affedavit for a libel case. I am the plaintiff, it is a small claims case.
Country relating to Question: United States
Thanks for using Pearl.com It will be my pleasure to assist you today.In order to better serve you, please provide the following information:What state are you in?Thanks
Also, when you say "settlement examples" what do you mean?Do you mean an example of a Settlement to include if the Defendant agrees to settle the case?Do you mean a proposed Order of the Court if you win the case?Thanks
I am in calif. I want to give the judge other examples of awards from previous cases.
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:
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A link you provided in your answer did provide one citation to case law which applies to me. Sommer v. Gabor (1995) 40 Cal.App.4th 1455, 1472–1473 [48 Cal.Rptr.2d 235
Is there a resource for additional citations such as this?
I thank you for the additional info, however, most of it I was aware of. I am speciffically asking for citations or a resource to review citations that may apply to my case for the judge to review. I do not know where to look.
Sorry for the delay. I was assisting another customer.Although the statutory and case law surrounding defamation is many and complex, the basic premise of defamation law is that it is unlawful for one to injure the reputation of another through publication of false statements, either orally (e.g. slander) or in writing (e.g. libel).In McCoy v. Hearst Corporation, the California Supreme Court addressed the importance of this principle head on, stating, "Good character, or reputation, consists of the general opinion of people respecting one. It is built up by a lifetime of conduct. It is probably the dearest possession that a man has, and once lost is almost impossible to regain. The possession of a good reputation is conducive to happiness in life and contentment. The loss of it, . . . brings shame, misery, and heartache."You may also cite California Code. California Civil Code section 48a, et seq. speaks to the definition of damages in a libel case.
Negligence is a level of fault that is defined as failing to act with a reasonable amount of care when publishing a statement.
The plaintiff is burdened with proving negligence by showing the defendant failed to make a reasonable effort in researching and fact checking the defamatory statement before publication. The court will need information that proves
With respect to negligence, you can state that it is "well established by California case law" that...... (and place in the above).
It if VERY difficult to provide specific cases for you to cite other than the ones that I have provided. That is because libel law is VERY fact specific, and your facts may need to fit into the facts of a specific case. That is why the general principles of libel law have been provided to you in both case and statutory law. You just need to fit the facts of your case into the definitions provided by statute or the general case law definitions.
Again, you may wish to take advantage of the Small Claims Adviser in your county. S/he may be able to lend advice as to how your specific judge wants a case presented.
20+ yrs in criminal, landlord/tenant, family, & small claims
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