Title: August 27, 2008
Q: I sold my car to a guy on a Friday night. He wrecked the car two days later and called me for help. He was driving it without insurance and title had not transferred over to him yet. He gave all of my information to the person who hit him. I agreed to help him by making a claim with my own insurance company to help him fix the car. The car was considered a total loss. Now this guy is suing me for his loss. How can I prepare myself for the Small Claims Court hearing?
A: If you were still insured at the time of the incident and there is a claim/lawsuit against you, you should submit the claim/lawsuit to your own insurance company. One of the important duties of an insurance company is to defend their insured in a legal action where their insured and his/her driver are likely to be liable. Otherwise, you may want to consult with a civil litigator long before the hearing, since following some of his/her suggestions may take some time to put into place.
Q: While fighting a custody battle with my ex-wife, I was accused of numerous allegations such as child abuse, spousal abuse, philanderer, etc. While reading a section of California Civil Law, I read that by law, no one is allowed to defame another without evidence. Since no evidence was offered, do I have a civil lawsuit against the Superior Court since the Judge and clerks did not stop her from saying all these lies?
A. It is highly unlikely that you would be successful in such lawsuit. Judges are absolutely immune from suit for acts or omissions committed in their judicial capacity. As for the clerks in the Courthouse, they have no power to stop a person from saying whatever he/she wants in the courtroom or courthouse.
Q: I found finger and/or toenail clippings in my Del Monte chili. What can I do?
A. Throw it away and never buy Del Monte products again. Or call Del Monte company and complain. They’ll probably send you a flat of Del Monte chili cans to replace the first one. Go back to the store where you bought and demand your money back. If you thinking “Who can I sue to get damages?” you will have to prove what damages you suffered as a result of this find. If you did not suffer extensively from “gag-teritis”, it is unlikely that your lawsuit would be successful.
Maxine de Villefranche has been an attorney for 15 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail your questions or comments to http://www.generalaw.com She will answer your questions to the best of her abilities.
Showing posts with label defamation. Show all posts
Showing posts with label defamation. Show all posts
Tuesday, March 24, 2009
Monday, March 23, 2009
Legal Eaze #44 Daughter Drivers License/ Defamation
Title: April 19, 2006
Q. My 16-year old daughter just got her driver’s license. Can she drive her siblings to school?
A. Vehicle Code Section 12814.6 just took effect on Jan. 1, 2006. It reads as follows: A driver’s license issued to a person at least 16 years of age but under 18 years of age shall be issued a “provisional” driver’s license, and it is subject to all of the following restrictions: During the first 12 months after issuance of a provisional license, the licensee may not do any of the following under accompanied and supervised by a license driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age of older, or a licensed or certified driving instructor. (a) Drive between the hours of 11 pm and 5 am. (b) transport passengers who are under 20 years of age. This means that if her siblings are under the age of 20 years old, she cannot have them as passengers.
Q. An ex-girlfriend of mine has spread nasty rumors about why we split up. She said to others that I left her because she was pregnant and that she had to have an abortion because I would not help her after the birth. I am sterile and cannot make any woman pregnant. I left her because I did not love her anymore. What can I do about this?
A Defamation is a false statement that is told about another person that harms that person’s reputation in the social or business community. To be held legally liable for defamation requires specific elements to be proven in court. Practically speaking, if anyone could be successfully sued just because they had some false and embarrassing statements said about them then many forms of media and political campaigning would have been sued out of existence some time ago. Defamation describes both “libel” and “slander”. Slander usually refers to defamation that is only spoken between people and libel specifically refers to defamation that is printed or written. Slander is typically more difficult to prove because there is no recording. For you to sue, the following requirements must be met: (1) it needs to be “published” or communicated in some form to a third party. (2) The statement must identify the specific individual who is claiming the defamation. (3) The statement must be false. (4) A plaintiff must also prove an appropriate level of fault on the part of the defendant who made the defamatory statements. This depends on whether the plaintiff is a public figure or a private figure. (5) Lastly, the plaintiff must have suffered some damages which can be remedied by the courts.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Q. My 16-year old daughter just got her driver’s license. Can she drive her siblings to school?
A. Vehicle Code Section 12814.6 just took effect on Jan. 1, 2006. It reads as follows: A driver’s license issued to a person at least 16 years of age but under 18 years of age shall be issued a “provisional” driver’s license, and it is subject to all of the following restrictions: During the first 12 months after issuance of a provisional license, the licensee may not do any of the following under accompanied and supervised by a license driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age of older, or a licensed or certified driving instructor. (a) Drive between the hours of 11 pm and 5 am. (b) transport passengers who are under 20 years of age. This means that if her siblings are under the age of 20 years old, she cannot have them as passengers.
Q. An ex-girlfriend of mine has spread nasty rumors about why we split up. She said to others that I left her because she was pregnant and that she had to have an abortion because I would not help her after the birth. I am sterile and cannot make any woman pregnant. I left her because I did not love her anymore. What can I do about this?
A Defamation is a false statement that is told about another person that harms that person’s reputation in the social or business community. To be held legally liable for defamation requires specific elements to be proven in court. Practically speaking, if anyone could be successfully sued just because they had some false and embarrassing statements said about them then many forms of media and political campaigning would have been sued out of existence some time ago. Defamation describes both “libel” and “slander”. Slander usually refers to defamation that is only spoken between people and libel specifically refers to defamation that is printed or written. Slander is typically more difficult to prove because there is no recording. For you to sue, the following requirements must be met: (1) it needs to be “published” or communicated in some form to a third party. (2) The statement must identify the specific individual who is claiming the defamation. (3) The statement must be false. (4) A plaintiff must also prove an appropriate level of fault on the part of the defendant who made the defamatory statements. This depends on whether the plaintiff is a public figure or a private figure. (5) Lastly, the plaintiff must have suffered some damages which can be remedied by the courts.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Subscribe to:
Posts (Atom)