doo hee kim online alias on chickslovethecar website- 'BIG BOZO' - JIMMY # 1

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doo hee kim online alias on chickslovethecar website- 'BIG BOZO' - JIMMY # 1

Post  Internet Justice on Mon Sep 23, 2013 8:12 pm

D KIM - FOUNDER OF WEBSITE cltc FACILITATES USE OF cltc WEBSITE TO DEFAME MULTIPLE PERSONS NAME'S WITH USE OF GRAPHIC IMAGES OF FECES, PROFANITY, FALSE IMAGES, UNAUTHORIZED PHOTOGRAPHS PUBLISHED WITHOUT CONSENT, TAGGING VICTIMS NAME AND WORK ON MULTIPLE IMAGES UNDER GOOGLE, TARGETING VICTIMS FUTURE EMPLOYERS COSTING VICTIMS HUNDREDS OF THOUSANDS DOLLARS OF POTENTIAL INCOME
SEVENTY NINE PAGES ON cltc WEBSITE DOCUMENTS THESE INCIDENTS BY DKIM



California Defamation Law
 




Defamation, which consists of both libel and slander, is defined by case law and statute in California. See Cal. Civ. Code §§ 44, 45a, and 46.

The elements of a defamation claim are:
1.publication of a statement of fact
2. that is false,*
3. unprivileged,
4. has a natural tendency to injure or which causes "special damage," and
5. the defendant's fault in publishing the statement amounted to at least negligence.

Publication, which may be written or oral, means communication to a third person who understands the defamatory meaning of the statement and its application to the person to whom reference is made. Publication need not be to the “public” at large; communication to a single individual other than the plaintiff is sufficient. Republishing a defamatory statement made by another is generally not protected.

*As a matter of law, in cases involving public figures or matters of public concern, the burden is on the plaintiff to prove falsity in a defamation action.  Nizam-Aldine v. City of Oakland, 47 Cal. App. 4th 364 (Cal. Ct. App. 1996). In cases involving matters of purely private concern, the burden of proving truth is on the defendant. Smith v. Maldonado, 72 Cal.App.4th 637, 646 & n.5 (Cal. Ct. App. 1999).  A reader further points out that, even when the burden is technically on the plaintiff to prove falsity, the plaintiff can easily shift the burden to the defendant simply by testifying that the statements at issue are false.

Defamation Per Se

A plaintiff need not show special damages (e.g., damages to the plaintiff's property, business, trade, profession or occupation, including expenditures that resulted from the defamation) if the statement is defamation per se. A statement is defamation per se if it defames the plaintiff on its face, that is, without the need for extrinsic evidence to explain the statement's defamatory nature.  See Cal. Civ. Code § 45a; Yow v. National Enquirer, Inc. 550 F.Supp.2d 1179, 1183 (E.D. Cal. 2008).  

For example, an allegation that the plaintiff is guilty of a crime is defamatory on its face pursuant to Cal. Civil Code § 45a. In one case, a non-profit organization (NPO) that advocates for the rights of low-income migrant workers posted flyers claiming a national retailer of women's clothing engaged in illegal business practices by contracting with manufacturers that did not pay minimum wage or overtime. The retailer brought a defamation suit against the NPO. Although the statements would have qualified as defamation per se, the court concluded the retailer failed to establish the statements in the flyers were false, and therefore the statements could not be considered defamatory. See Fashion 21 v. Coal. for Humane Immigrant Rights of L.A., 12 Cal.Rptr.3d 493 (Cal. Ct. App. 2004).

Public Officials

In California, public officials are those who have, or appear to the to have, substantial responsibility for or control over the conduct of government affairs. For example, the following persons have been considered public officials in California:
•A police officer, an assistant public defender, an assistant district attorney, and a government employed social worker.

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