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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I happened to be at a residence when a bailbondsmad company

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I happened to be at a residence when a bailbondsmad company showed up looking for a fugitive. I was taped without my knowledge or permission giving my name and explaining why i happened to be at residence picking up bookkeeping. The Bond company then put the
video on utube with me stating my name and why i was there upon my exit they did a still shot of me in black and white (only part of video in black and white) with a derogitatory statement captioned underneath. I was unaware of it till jan of this year it had been being aired since Oct 2012 taken in sept 2012 after 4,800 veiws I was able to get utube to discontinue it (take it off internet due to privacy violations). I am horrified as to who could have seen this video can i sue the bail bond company?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation! Can you please tell me what the derogatory comment was? This is very important, as it may affect your ability to pursue a cause of action here.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

"Tweaking aint easy"

Expert:  Ely replied 11 months ago.
Thank you, S. Apologies in advance for the momentary wait as I am typing out the answer...
Expert:  Ely replied 11 months ago.
S,

You may have a cause of action here.

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.

Here, you may have a cause of action for the following:

NEGLIGENCE PE SE: Negligence per se is a cause of action when someone breaks the law which is meant to protect you. In this case, it is recording your conversation. Parties to any confidential communication must give permission to be recorded, according to California’s eavesdropping law. Cal. Penal Code § 632. The statute, however, specifically excludes from its application any conversations made in public places, government proceedings, or in circumstances where the participants of the conversation could reasonably expect to be overheard or recorded. Cal. Penal Code § 632(c).

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. Davidson v. City of Westminster, 649 P. 2d 894 - Cal: Supreme Court 1982 (internal citations omitted).

INVASION OF PRIVACY: This includes "False Light." This is when someone characterizes you in a false light in the public eye, such as with a misleading caption per above.

Punitive damages may be requested in CA for oppressive conduct, fraud, or malice. Cal. Civ. Code § 3294(a).

So yes, you may have a case here.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87036
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Legal Specialists are ready to help you
Expert:  Ely replied 11 months ago.
Thank you for your generosity.

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