If you decide to do it alone, your letter should state the specific defamatory statements made, confirm that they are defamatory, indicate the reputational harm caused, demand an apology and retraction of those statements, and demand that they cease making further statements failing which you will sue them.
You start your case by filling out an SC-100 Plaintiff's Claim form and filing it with the court clerk. Be sure you name the Defendant correctly or you may not be able to collect your judgment.
Good Demand Letter Sent by certified mail so you can prove it was received. The letter is dated plus the story includes all of the important dates to show that the warranty is still in force. Copies (not the originals) of the documents that support your story are enclosed. You are polite.
For example, Californians wishing to file a claim against a business for deceptive practices or some other infraction outlined in the state's Consumer Legal Remedies Act (CLRA) must send a demand letter at least 30 days before filing a lawsuit.
I am writing because you recently made defamatory statements about me my company my company and me. I ask that you immediately retract these statements. On date, you summarize what recipient did that is defamatory.
Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.
No Strict Legal Requirement on the Number of Demand Letters: Many attorneys will recommend sending at least one formal demand letter. Often, a single well-crafted demand suffices to either prompt a settlement discussion or clarify that litigation may ensue should the other party fail to comply.
A: In California, Small Claims Courts generally handle disputes involving monetary claims up to a certain limit. They are not typically equipped to handle complex cases involving defamation, racial discrimination, harassment, or emotional distress.
As long as you are within the monetary limits for small claims in California, yes, there is nothing to prohibit you from filing your defamation claim in small claims court.