marianneluban@aol.comnospam (MarianneLuban) wrote in message
news:<sl7m609ep5703v1e2titbh1dbu5smsvng5@4ax.com>...Subject: Re: CA- Libel in Custody case?From: ckobata@pacbell.net (rhus)Date: 3/30/2004 8:03 AM Pacific Standard TimeMessage-id: <de6j609e7jb05cl0ueaio25f3aap403sjs@4ax.com> In all likelihood, you have no case whatsoever. False statements made during court proceedings are not actionable except as perjury, which can only be prosecuted by the government as a crime. Your recourse is an appeal or a motion for rehearing. If you don't avail yourself of those remedies, you may have no recourse at all.So basically, she can lie to the courts and get away with it? Not if you hire a good lawyer who, upon examination in court, can make her look like a liar. Disclaimer: I am not an attorney. This is for discussion purposes only and should not be construed as legal advice. For legal advice, it is best to consult an attorney.

I can make her look like a liar. I have bank statements and
newsletters which totally refute what she has said. I also can provide
multiple witnesses to testify that many of the things she accuses me
of she is in fact guilty of. The problem is that the judge would not
listen to me at all and did not care that I could lose my job if I
accepted the terms he dictated, but it was either that or not see my
son. I offered proof that I was working 3 different shifts during the
previous week which conflicted with the option he gave me and he
said,"Wow. You've been working hard. Do you want him or not?" The
reason I did agree was because I know that currently my son is better
served by staying with his mother. But I still want to be able to
spend more than 48 hrs per month with him.

I am asking whether false, defamatory statements made in documents
served to me and the court constitute Libel.

ckobata@pacbell.net (rhus) wrote:
I can make her look like a liar. I have bank statements and newsletters which totally refute what she has said. I also can provide multiple witnesses to testify that many of the things she accuses me of she is in fact guilty of. The problem is that the judge would not listen to me at all and did not care that I could lose my job if I accepted the terms he dictated, but it was either that or not see my son. I offered proof that I was working 3 different shifts during the previous week which conflicted with the option he gave me and he said,"Wow. You've been working hard. Do you want him or not?" The reason I did agree was because I know that currently my son is better served by staying with his mother. But I still want to be able to spend more than 48 hrs per month with him.

If you haven't seen a lawyer, go talk to one right away. If you
can't afford one there are groups that will help. You should in all
cases be entitled to reasonable visitation, and changing the rules
on you mid-stream with the threat that you won't get to see your son
is just false.
I am asking whether false, defamatory statements made in documents served to me and the court constitute Libel.

Not in California. If I were you I'd collect all your evidence and
take it to the local police and ask them to prosecute. If that
doesn't work send your information to the district attorney, mayor,
city council and anybody else you can think of.

Good luck.

Stu

ckobata@pacbell.net (rhus) wrote in message
news:<j38r609su8espqg2ml7abojj837d8eu8rd@4ax.com>...
[snip] I am asking whether false, defamatory statements made in documents served to me and the court constitute Libel.

Same answer as before. No matter how false, no matter how defamatory,
they are not libel. Statements made in court proceedings have absolute
privilege in California.

If you were to sue for libel, your suit would probably be dismissed
almost immediately, either on summary judgment or under California's
anti-SLAPP law.

--
Not a lawyer,

Chris Green

On Fri, 02 Apr 2004 12:22:15 -0500, ckobata@pacbell.net (rhus) wrote:
I am asking whether false, defamatory statements made in documentsserved to me and the court constitute Libel.

The answer is no, they almost certainly don't. Litigation privilege is
absolute, or so near absolute that you are very unlikely to succeed in a libel
claim.

The same allegations repeated out of court may be libel.

>Subject: Re: CA- Libel in Custody case?From: ckobata@pacbell.net (rhus)Date: 4/2/2004 9:22 AM Pacific Standard TimeMessage-id: <j38r609su8espqg2ml7abojj837d8eu8rd@4ax.com>marianneluban@aol.comnospam (MarianneLuban) wrote in messagenews:<sl7m609ep5703v1e2titbh1dbu5smsvng5@4ax.com>...Subject: Re: CA- Libel in Custody case?From: ckobata@pacbell.net (rhus)Date: 3/30/2004 8:03 AM Pacific Standard TimeMessage-id: <de6j609e7jb05cl0ueaio25f3aap403sjs@4ax.com>

(snip)
I can make her look like a liar. I have bank statements andnewsletters which totally refute what she has said. I also can providemultiple witnesses to testify that many of the things she accuses meof she is in fact guilty of. The problem is that the judge would notlisten to me at all and did not care that I could lose my job if Iaccepted the terms he dictated, but it was either that or not see myson. I offered proof that I was working 3 different shifts during theprevious week which conflicted with the option he gave me and hesaid,"Wow. You've been working hard. Do you want him or not?" Thereason I did agree was because I know that currently my son is betterserved by staying with his mother. But I still want to be able tospend more than 48 hrs per month with him.

You have agreed that your son is better off with his mother at this time. If
you want to spend more time with him, you need to get the visitation modified
by court order. I am confused as to what this is all about. Did your son's
mother make some allegedly false statements that limited your visitation in
some way? Did she ask the court to give you *no* visitation rights?
Evidently, the court awarded you 48 hours per month--so you were not judged
unfit to see your child. Is this visitation supervised? What is the deal?
I am asking whether false, defamatory statements made in documentsserved to me and the court constitute Libel.

They are privileged. They can't constitute libel under the circumstances. You
are new at this, evidently. You wouldn't believe the stuff some attorneys
allege in front of a judge and in their documents, both in family and civil
court.
They can do it without fear of being held accountable for slander or libel for
the reason I and others stated. They do it to win, to influence the court.
That's why you need a lawyer, yourself--someone who knows how to counter the
blows and put in a few whacks of his own. For the majority of people to show
up in family court unrepresented spells disaster. For one thing, they are too
emotionally involved.
Next time you go to family court, make sure it's not without an attorney. If
it's so important to you, make sacrifices to save some money so that you can
pay a lawyer. Meanwhile, stop worrying about the "libel" business for now.
When the time comes, your lawyer will know what to do on your behalf.

Disclaimer: I am not an attorney. This is for discussion purposes only and is
not to be construed as legal advice. For legal advice, it is best to consult
an attorney.

"rhus" <ckobata@pacbell.net> wrote in message
news:j38r609su8espqg2ml7abojj837d8eu8rd@4ax.com... Not if you hire a good lawyer who, upon examination in court, can make
her look like a liar. Disclaimer: I am not an attorney. This is for discussion purposes only
and should not be construed as legal advice. For legal advice, it is best
to consult an attorney. I can make her look like a liar. I have bank statements and newsletters which totally refute what she has said. I also can provide multiple witnesses to testify that many of the things she accuses me of she is in fact guilty of. The problem is that the judge would not listen to me at all and did not care that I could lose my job if I accepted the terms he dictated, but it was either that or not see my son. I offered proof that I was working 3 different shifts during the previous week which conflicted with the option he gave me and he said,"Wow. You've been working hard. Do you want him or not?" The reason I did agree was because I know that currently my son is better served by staying with his mother. But I still want to be able to spend more than 48 hrs per month with him. I am asking whether false, defamatory statements made in documents served to me and the court constitute Libel.

No but they may constitute perjury. Get questions asked of her about the
same facts she's lying about under oath and go to town if you'd like.

Otherwise, (1) court documents typically are qualified. Exceptions are if
the false claims are irrelevant to the proceeding or if it is only a
precursor to the court case such as a letter not filed with the court or a
press release. This doesn't exist in the facts you've suggested since the
3rd party is the court, and it is unreasonable to consider libel in those
cases since the court generally hears out disputes of fact. (2) Damages
must exist as to your reputation. (3) The other person must not be your
spouse, as those communications are given total privilege. Probably because
"you're a moronic cocksucking faggot" could be a term of endearment in that
relationship.