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In California, is it possible to file a defamation of

In California, is it...

In California, is it possible to file a defamation of character claim against a place of business that files a police report alleging criminal threats, when one threatens to exercise their first amendment right and peacefully protest the business, on public property? If the City liable for taking the call on behalf of the business and retaining the report for public inspection? Thanks, Dan

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

In California, August of 2017

Lawyer's Assistant: Has anything been filed or reported?

Yes the business filed a police report alleging criminal threats have been made against them, when they were threatened with public protest.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's about it. Thanks!

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Answered in 4 minutes by:
12/3/2017
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,498
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. What has happened with the criminal case?

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Customer reply replied 5 months ago
Nothing, when the police contacted me after the report was filed, I threatened to sue the City for accepting the report and contacted the City manager's office to investigate the circumstances surrounding the call placed by the police department to me. No charges were ever pursued by the DA's office. But the report is still on record with the police department.

It is certainly possible to sue a complainant who filed a false report against you. It's whether you can win the suit you file that's the more important issue. However, in order to prove that this was a false report you have to prevail in the criminal case. Any conviction, by plea or verdict would mean that the report is true.

With a positive outcome, you could sue the business that filed the report. However, you would be expected to show some actual damage as a result of the filing of the report.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
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Customer reply replied 5 months ago
Thank you.Since there will be no criminal proceeding since the DA's office wouldn't touch this with a ten-foot pole, is the City liable for retaining the report and/or the respondent for filling it in the first-place?

The police would not be liable, in my experience. Police always keep incident reports on file. While it would seem to count against you, the company's filing of a baseless report can also turn out to be useful information to you as well as to them, if you had difficulty with this company again. The respondent could be liable if you can prove that they knew or should have known that the complaint was false and if you can prove that and how you were damaged by the complaint.

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