Slander of Title, California
Defamation refers to false derogatory statements that a person publishes without privilege and with the intention to harm another person’s reputation. These statements must be communicated to a third party in order for some to be considered defamatory. There are federal laws that protect people from defamatory statements that were published about them, whether online or in-person, and if you are a victim of defamation, you have the right to take legal action. Defamation does not necessarily have to harm someone’s reputation – there are cases where defamatory statements harm someone’s property. This is called slander of title, and it is illegal in the state of California.
This article will introduce you to a reliable service that can draft a legal document for you to protect you from slander of title or other defamatory statements, using DoNotPay.
Libel and Slander
There are two core types of defamation; libel and slander. Here is an overview of the types of defamation.
|Written defamatory remarks are libel.||Spoken defamatory remarks are slander.|
|Libel is commonly found in books, magazines, newspapers, blogs, and social media.||Slander is commonly found in gossip, phone conversations, face to face conversations.|
California Slander of Title
A California slander of title suit claims that a person has published a false defamatory statement about real estate which harms the value or saleability of the properties.
The elements of a slander of title claim:
- The claim must be false
- The claim must be published such that a third party could have heard or read it
- The claim was published without privilege or justification
- The claim resulted in direct pecuniary loss
In the case of slander of title, pecuniary loss includes the impairment of the saleability or value of the property and the expense of the measures that the plaintiff had to take in order to remove the doubt cast on the title.
California Laws for Slander of Title
To establish a slander of title claim in California, the plaintiff must prove all of the following:
- That the defendant made a statement that causes doubt about the plaintiff’s ownership of the property
- That the statement was communicated to a third party (a person other than the plaintiff).
- The statement was false and the plaintiff does in fact own the property
- The defendant knew that the statement was false, or acted with reckless disregard to the truthfulness as to whether the plaintiff owned the property.
- The defendant knew or could have recognized that a third party might rely on the defamatory statement causing financial loss to the plaintiff
- The plaintiff has suffered financial harm because someone else relied on the defamatory statement, or by incurring legal expenses that were necessary to eliminate the doubt caused by the statement.
- The defendant’s defamatory statement was a substantial factor in causing harm to the plaintiff.
Defending Against a Slander of Title Action in California
The defendant may disagree that he is liable for slander of title using the following several defenses:
- Proving that the alleged statement was, in fact, true, will make the slander of title action fail
- Proving that the defendant had an absolute or qualified privilege to make the statement.
- The defendant may also argue that the statute of limitations for the slander of title to real property has expired. The California statute of limitation is three years, and if the complaint was filed after more than three years, then the defendant is no longer considered liable.
A Cease and Desist Letter To Fight Slander of Title
If you are facing slander of title, then you can write a cease and desist letter before taking more drastic action, such as filing a lawsuit. A cease and desist letter is considered a faster and less costly legal action to stop defamation and slander of title.
A cease and desist letter warns the defendant that if they do not stop their alleged legal activity and if they do not revoke all published defamatory statements, you will file a lawsuit against them and take them to court to seek monetary damages. A cease and desist letter should be your first step if you are facing defamation. However, if the letter is disregarded by the defendant, then you may proceed with taking more drastic measures.
It is always possible to hire a lawyer, however seeing as how expensive they are and that suffering from slander of title has already caused you to lose a substantial amount of money, it might not be affordable to hire a lawyer.
Therefore, DoNotPay is your best option!
DoNotPay can Draft a Cease and Desist Letter for You!
DoNotPay is an AI-Powered Robot Lawyer that can draft a detailed cease and desist letter for you while you are in the comfort of your own home. Here are the steps required from you:
1. Search for the Defamation Demand Letter on DoNotPay.
2. Explain the entire situation, including why the statement is false and what damages you have incurred as a result of the defamation.
3. Based on your location, in this case, California, DoNotPay will automatically create a cease and desist tailored to your case!
DoNotPay also asks users for information about the person they want to send the letter to, but will not send the letter on your behalf. Instead, you can download it and use Send Mail to get it delivered!