Is California Defamation Law Unfair?

 I know the world isn’t fair, but why isn’t it ever unfair in my favor? – Bill Watterson, Author of Calvin & Hobbes Watterson’s observation echoes many of the kinds of statements I hear weekly from potential defamation plaintiffs. After listening patiently to their side of the story, (usually several minutes), I begin describing the […]

Is the anti-SLAPP Statute Being Abused?

In what will probably be one of the most significant anti-SLAPP cases of 2011, the First District in Grewal v. Jammu, expressed in no uncertain terms that the anti-SLAPP statute is being abused. Justice Richman, writing for the majority, took the opportunity to detail the particular abuses of Section 425.16, with a not so subtle […]

What is the Statute of Limitations in Internet Defamation Cases?

Relying primarily on a recent California Supreme Court decision, I wrote a while back that the discovery rule does not apply to defamation cases. That is, generally, you have one year to file a lawsuit for defamation (slander/libel) from the time the statement or statements are published. Unfortunately, the Supreme Court did not address specifically […]

Los Angeles Court Filing Fees Increase Again . . .

Access to the court system just became even more difficult for litigants whom have limited resources. In an unsurprising (yet still disappointing) move, Governor Arnold Schwarzenegger signed SB 857, which increases filing fees in Los Angeles County and the rest of California. Additionally, because this bill includes an urgency clause, the new fees took effect […]

The Question Nearly Every Client Asks Me . . .

and which is the WRONG question. It goes something like this: "Adrianos, someone wrote defamatory comments about me on the internet and I want to do something about it. Can I file a lawsuit?" This is the WRONG question. Anyone can file a lawsuit at anytime, whether it’s defamation, libel, slander, intentional infliction of emotional distress, breach […]