The first element of defamation is sometimes forgotten. The defamatory statement must be about the plaintiff. In most instances that will be self-evident, but sometimes the identity of the person being defamed will be known…more
The tale starts with an article in OC Weekly. The article was about a guy named Shaheen Sadeghi. The article was extremely favorable to Sadeghi, referring to him as the “Curator of Cool” and discussing his amazing success in…more
Despite the prohibitions against doing so, some attorneys can’t resist throwing a threat of criminal action into their demand letters. They apparently think (if they give it any thought at all) that an express or veiled threat…more
Miguel Mendoza v. Reed K. Hamzeh
Following the prior decision of Flatley v. Mauro, the California Court of Appeal in Miguel Mendoza v. Reed K. Hamzeh finds that a demand letter from an attorney which threatens criminal prosecution is not protected under the…more
The case involved a loan made by our client to the defendant, Igal Feibush. Feibush and his entities failed to repay the loan, and we were retained by the plaintiff to sue. Penal Code section 496(c) makes it illegal to receive…more
Sharon Bell v. Igal Feibush
Court of Appeal affirmed trial court's determination that making a loan based on a false promise to repay amounted to theft by false pretense, and Penal Code 496 therefore applied, entitling the victim to recover treble damages…more
Always remember when reviewing a complaint to see if it is a potential SLAPP that the anti-SLAPP statute is not only about speech, it includes the "freedom of petition for the right of grievances", or simply the right of…more
On Wednesday, during his radio show, Rush Limbaugh discussed a college student who had testified at a Congressional hearing, stating that she needed her birth control to be covered by the school's health insurance. Limbaugh…more
There are still many attorneys making money representing clients on Internet defamation cases that can’t be won. They are either ignorant of the law, or ignoring it. My firm has been schooling others on the Communications…more
When is a breach of contract also fraud? When the party never intended to perform.
So how do you get into the mind of the defendant to determine if he intended to perform when he signed the agreement? Thankfully, California…more
Some callers to my office, wanting to sue for defamation because someone said terrible, false and hurtful things about them, are disappointed to learn that they cannot seek legal action because the speech falls under a…more
One of our latest anti-SLAPP victories provides a beautiful illustration of a “stealth” SLAPP suit that the plaintiff’s attorney failed to recognize, to the great expense of his client.
A judge in Houston has ruled in favor of an employer who allegedly fired a woman who wanted to use the bathroom to breast-pump.
Title VII doesn’t say anything about lactation, so Judge Lynn Hughes found that the lawsuit was…more
The District of Columbia instituted an anti-SLAPP procedure back in March but the judges are having a heck of a time figuring it out.
Judge Rufus G. King III of the D.C. Superior Court got it right. A local television station…more
Freemiums are a great way to promote a law firm. A potential client visits your blog and is greeted with an offer of an essential report for free. And why would you do that? Because you must capture the client’s email address…more
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.