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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18114
Experience:  B.A.; M.B.A.; J.D.
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Staff, I was involved in a traffic collision which resulted

Customer Question

Staff,
I was involved in a traffic collision which resulted my complete acceptance of responsibility and financial restitution to the full value. Both myself and the damaged party have been fully repaired and no other claims have been asserted or remain.
However, a sideline development has been generated by the wife of the other party where the wife of the other party has made statements, completely unrelated to the accident, to the presiding law enforcement agency.
The presiding law enforcement agency is actually a current customer of my business so these unfounded and completely false statements have a profound impact upon my personal and business relations with this agency. The statement by the wife, made during the accident investigation was made to two Officers and reflected that I was "discharging a firearm at the rear of my residence".
Since my business with the law enforcement agency surrounds firearm related business (sales, repairs, upgrades, etc.), this defaming statement could have profound and negative impact upon my business relations not only with this one department by a host of my other client agencies.
Both Officer's will attest to the statement made by this person and there would be no other reason to make this statement other than to inflict harm on myself and my business.
Thoughts?
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Staff,
I was involved in a traffic collision which resulted my complete acceptance of responsibility and financial restitution to the full value. Both myself and the damaged party have been fully repaired and no other claims have been asserted or remain.
However, a sideline development has been generated by the wife of the other party where the wife of the other party has made statements, completely unrelated to the accident, to the presiding law enforcement agency.
The presiding law enforcement agency is actually a current customer of my business so these unfounded and completely false statements have a profound impact upon my personal and business relations with this agency. The statement by the wife, made during the accident investigation was made to two Officers and reflected that I was "discharging a firearm at the rear of my residence".
Since my business with the law enforcement agency surrounds firearm related business (sales, repairs, upgrades, etc.), this defaming statement could have profound and negative impact upon my business relations not only with this one department by a host of my other client agencies.
Both Officer's will attest to the statement made by this person and there would be no other reason to make this statement other than to inflict harm on myself and my business.
Thoughts?

Response: regrettably, there would not be an actionable defamation here because the statements, albeit false, were made during an official accident investigation. The statements were made to privileged parties, the Police Officers who were conducted the investigation. See California Civil Code Sections 43 to 53.7 especially Sections 45 to 47:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=00001-01000&file=43-53.7
Customer: replied 1 year ago.

The two Officers had completed their field interview and determined that a traffic collision report was nor necessary or required. The investigation concluded at that point. Later in their contact with the party allaying the defamation, the Officers witnessed the statement that was defamatory and in no way was this defamatory statement made in relation to the incident.

The Officers have indicated that they would be willing to supply a notarized statement or offer verbal testimony that will provide evidence that a defamatory statement was proffered by the party and they will also state that the statement was made after and aside from the incident investigation was concluded.

Your thoughts now in light of the above?

Bill Curtin

Plaintiff

Expert:  Phillips Esq. replied 1 year ago.
Thank you for the additional information. However, my response still remains the same.
She spoke with the Officers because the Officers were the ones who conducted the investigation. She spoke to the Officers in their official capacity as Police Officers. I still do not see a successful case for a defamation suit here.
I am sorry that I do not have better news for you.