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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 26372
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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An independent contractor I red wrote a defamatory content

Customer Question

Hello an independent contractor I hired wrote a defamatory content on our company on rippoffreport and many other websites. Her claim was unfounded, she removed all contact except on rippoffreport as they won't take it down. The only thing you can do is submit a court order to have it remove to google. How do I get a court order in California?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. Even if the contractor were to contact them, why and would they still refuse to remove the post? I am just trying to get an idea as to why they want this IF the person is willing to admit it is in bad faith?

Customer: replied 1 year ago.
it is rippoffreport policy not to remove any post. So when she wrote on their site, she gave her right away and now the only way to remove it is to get a court order and submit it to google so the page no longer appear on search engine (it will still exist but nor appear when they search the name of our company)
Expert:  LegalKnowledge replied 1 year ago.

Thank you. To get a court order, there needs to be a cause of action. In this case, you would need to sue the person for the defamatory statement and then as part of the judgment, ask that the Judge issue and order that the statement be removed. What is odd, is that if she admitted to this, to the site, that they would not remove it, since they know it was done in bad faith. However, what their argument may be for not doing this, is that IF the public can not see the negative/bad report, then they would just be keeping it for their own business records, which has no direct effect on your business, since nobody can see it.

Customer: replied 1 year ago.
Can I sue them in small court?
Expert:  LegalKnowledge replied 1 year ago.

If the money which you seek does not exceed the small claims court limit then yes.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!