How Can I File a Slander Lawsuit in California?

Slander is oral defamation, whereas libel is written defamation.

California's slander is law is found in the Civil Code of Procedure. Slander is defaming someone orally. Recovering money in a slander suit consists of proving that the person being sued committed slander and then proving that the person suing was damaged because of that wrongful conduct. Overcoming these two hurdles can be challenging and the amount of money recovered in a slander action is usually fairly small. It is for this reason that many attorneys decline to represent someone in a slander suit. However, an aggrieved person can still file a slander lawsuit without an attorney.

Things You'll Need

• Small claims complaint form

Instructions

1. Visit the office of the court clerk and ask the clerk for a small claims complaint form.

2. Fill out the first three pages of the form.

3. Make one photocopy of each page of the form for each person you are suing. Make an additional copy for your records.

4. Visit the office of the court clerk and inform a deputy clerk that you would like to file a small claims action. Hand all of the copies to the clerk. The clerk will process them and return them to you. Note that the clerk will write the date of your court hearing on the first page of each form.

5. Deliver one copy of each form package to a registered process server and direct the process server to serve the forms on the persons you are suing. The server will provide you with a completed Proof of Service form that you must deliver to the clerk's office.

References

• "California Tort Damages"; Continuing Education of the Bar; 2011