Hello, my name is Ely. I am here to help you. There may be a slight
delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest
information and not to tell you what you necessarily wish to hear.
I am sorry for your situation. Actually, what she did is cause for a civil action. She did not "violate your rights," since that term is used more for violations/restrictions of freedom; but she did
act in a way that is a civil wrong, and is actionable against her in a Court of law.
What she did amounts to three actions here:
(1) intentional interference with prospective economic advantage;
(2) defamation; and
(3) false light.
To prove intentional interference with prospective economic advantage
, the elements are (1) an economic relationship between the plaintiff and some third party, with the probability of future economic benefit to the plaintiff; (2) the defendant's knowledge of the relationship; (3) intentional acts on the part of the defendant designed to disrupt the relationship; (4) actual disruption of the relationship; and (5) economic harm to the plaintiff proximately caused by the acts of the defendant.' [Citations.]" (Westside Center Associates v. Safeway Stores 23, Inc. (1996) 42 Cal.App.4th 507, 521-522, 49 Cal. Rptr.2d 793.)
The elements of a defamation
claim are: publication of a statement of fact that is false,
unprivileged, has a natural tendency to injure or which causes "special damage," and the defendant's fault in publishing the statement amounted to at least negligence. Cal. Civ. Code §§ 44, 45a, and 46
In order to prove a false light
claim, a plaintiff must show that the defendant implied something false. Solano v. Playgirl, Inc., 292 F.3d 1078 (9th Cir. 2002)
You can actually sue her for these three causes and possibly even get punitive damages; whether you act or not of course, is your decision. The good news is that if you are trying to simply scare
here, a "cease and desist" letter threatening
such a suit unless she stops her behavior in the future is likely to work.IMPORTANT INFO
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