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OF Nicklas Hoffman & Richard Rodriguez OR BE SUBJEC'I'
Courtney Gillespie & Melody Gillespie
C/O: PO Box, P.O. Box 8323; Porterville,
Porterville, Californi a [ 93257 |
RE,: TO: Nicklas Hoffman & Richard Rodriguez
1831 N. Lime Street, Tulare County, California,
Notice & Demand to lletract & Correct
Courtney & Melody Gillespie; & TO
Courtney & Melody Gillespie Pursuant to

TO: Nicklas Hoffman & Richard Rodriguez

1831 N. Lime Street. Tulare Countv California.
near Porterville California ;
We have recently discovered in June 12,,2015 the following Defamatory statements madc by you
in the world wide web, the 'internet' published & broadcast on;
We are hereby demanding that you immediately & forthwith retract, & correct thc falsc
defamatory matter cited & quoted below by which you have publiclv defamed us, slandered us,
Iibeled us, damaging our image, character reputation & standing with our friends, in the Church,
the community, & among our piersl
If you fail to do so we will file a Court Action in the Tulare County Superior Court for damages
pursuant to the California Law on Character Defamation, Slander & Libel, which Law is sot out
here below at the end of this Notice and Demand.

l. Nicklas Hoffmun & Richard Rodriguez, vou are lterebv given Notice of tlte Demands of Courtney
& Melodv Gillesnie, nursuant to Culiornia Civil Cocle Section 48s, that vou immediatelv retract &
conect the following Defamatorv false ststements which are highlighted in vellow, which vou
made in tlte following broadcssts,

(l) From the YOUTUBE.COM

Video titled "Savc our family Ranch, the Story" publishcd on

July 13, 2014, the inserted description of the video oowe are going to lose our ranch unless we
pay a $ 20,000 uniust Judgment bv Oc

See m o re at http : //nicklas m/2 0

2. "Hind sight tells me now that this is when I should have pressed them and initiated eviction if
they refused.I could have saved myself years of anguish tens of thousands of dollars Richard,
well, maybe, but I could never have guessed what they really had in mind." (10:56)
3. ooWhen they did appear for the final date, they feigned that they were still interested in
purchasing the West half of the property. Of course they knew there was no way the Church
was going to award them half of the property for free on a technicality. They did default on the
Church Mediated agreement." (12:08) Richard Rodriguez, his partner in the clip then asks
Hoffman: o'What did they do next?" (12:10) Hoffman answers: ooWell myAhab and Jczabcl
and I call them Ahab and Jezabel here because it takes me back to that biblical story where
Ahab looked over his fence and saw his Neighbors vineyard and he wanted it for his own
garden and his neighbor wouldn't sell it to him, so he went crying to his wife Jezabel, now
they were the King and Queen of Israel, so Jezabel said don't worry about it honey, I got it all
in hand, and she used the law to convict the owner of the property of blasphemy had him
stoned to death, and she took the property and gave it to her husband Ahab . But fortunately,
my Ahab and Jezabel aren't king and queen of anything , ok (laughing) so, I don't have to
worry for my life, I don't think, at least I hope not. Um, anyway, my Ahab and Jczabcl had a
different tactic in mind than having it mediate by the Church. They would take the entire
property from us by this technicality of state law, in her own words from the transcript of our
eviction action the California law is very clear on that, and the Civil Code is, when a good faith
payment is tendered and rejected, it is a debt forgiven, when I tried to refund their monep and
canceled the note, according to her understanding I gave them the property, and I have
discovered that that was their intent the whole time they stayed on the property, because the
property and family because information from our property and family trust files that I kept
in my office and went missing from my office about two thousand six or seven, showcd up in
some of their pleadings and there's no other way they could have had that information unless
they took those files. But I have to admit, I was totally clueless, until they showcd thcir

hostility." (14:22)
4. "When I insisted that the electrician he hired cease and desist Mr. G assaulted me knocking
me down in the gateway and, and when I tried to stand back up he hit me with the gate again
knocking me down in the gravel approach. I then called the Sheriff notified him that he could
not disconnect my house from the service. His workers, they didn't see anything, and Mr. (i.
said I swung at him first. So as far as an assault charge it was his word against mine. Ilut for
me that was the last straw, Richard, because the church mediation has no cnforccmcnt arm I
then decided to file an eviction suit. (15:44)

did that eviction go ?" Hoffman: " ..".,."" they successfully muddied the
waters so much that the Judge decided to deny relief on a technicalit5r,"..."

5. Richard stated: 'oHow



was no threat to them, contrarily Mr. G had actually assaulted me."

7. ('They now use the secured possession of the south 120 feet of my property as a launching pad
from which to exdcute their plan to destrqy me, my family and my livelihood in order to take
the property away from us. Uh their plan was to have me thrown in jail, on gun charges
then move into my house, I'd be in jail,I'd get out of jail, and they'd be in my house, what

could I do, I'd have to try to go at law to get 'em, but I would be destitute because all mv work
is here on the property, and you know,I need my equipment and my and for my internet
business. I'd have nothing you know but this was their plan, and they told this to a neighbor,
and when the neighbor, of course they put it in friendly terms, what a scoundrel I was, and how
they had a right to do these things to me, when a neighbor asked them where my family, thev
coldly replied that they can live in a motel, so I'd get out of jailr l'd be in a motel, my children
would be in foster care, and we would be destitute, with nothing on the street, nice people hu ?
When they asked me to take them in, wow, thatrs heavy ." (21235)
8. Richard Rodriguez asks: "So what's happened during the three years ?" Hoffman says:
* Well in the meantime they had sabotaged my phone and DSL lines finally sevcring thom
completely then they destroyed my electric service causing me to have an almost one month
lapse in service this in an attempt to destroy us financially so that we could no longer afford to
fight them in Court. They \ilere successful. I lost all my syndicated production accounts simply
because I could not provide reliable service. And how this works, is I produced radio programs
on the internet and then they went out to Nation wide to short wave and AM FM affiliates and
I got all the advertising when I can no longer provide those accounts I didn't get the advertising
anymore, so I couldntt still air the broadcast, but you know, so when I lost themo because I
couldn't provide reliable service, with them went most of my earnings, oh, my meager savings
were exhausted quickly I notified my Lawyer in January of 2013 that I could no longer afford
to pay him anything. He told me that he would finish the quiet title only, as it was unlikely that
the court would allow him to drop the case anyway, ah, we are now surviving on about $1000
dollars per month in donations per programs that I don't get paid for and don't have national
syndication, so it's all donation based. Ah, with the downturn in the economy, to me it seems
impossible to replace the accounts I lost.o'
9. Richard says: "So how did the new Judge work out ?" Hoffman says: '6Well, had a history with
him, um, if we go back to the incident where they cut off the electricity because we had mutual
restraining Orders, he had violated the restraining order on several occasions. Um, we iust
didn't bother,like, when he cut the phone lines, finally and all the sabotage, we can't prove
these things, you know, because we had no witnesses, and ah, a restraining orders, you know,
contempt of court on a restraining order is quasi criminal, so the burden of proof is absolute
you have to have witnesses, so we couldnrt do anything, when he cut the electricity ol'1, the
circumstances arose where he would not allow us, he would not leave the location where my
utilities came into the property, so we got an emergency hearing, you know you can get, in a
day or so, before this same Judge, the new Judge on the case, and he denied us, uh, to order
Mr. Gillespie to refrain from interfering getting our a, restoring, allowing us to restore, our
electric service so he denied that, he didn't seem to care you know, that me, my adult retarded
son, my daughter, and a, you were here at that time, you came to the property just a month
before that, and he didn't seem to mind that we went a month without electricity because we
told him that it would be a month or more, because that's what SC was telling me beforc thcy
can schedule, to retrench the service, 400 feet down the road to install new service, in front of
the house, then connect us up, ok, um, so, anyway, he denied that, so that was my history with

that Judge."

lloffman stated:"'But uh, nope, thatrs ngt what happened, um, he decided, this new Judge
decidedo balancing the equities meant that I would pay 80 per cent of all electricity bills
incurred by them for the entire ten year period, they would get 15 thousand for work they

never did on our property, which supposedly added value. Ah, they would only pay is 250 pcr
month for rent, but we would get nothing for damages, legal expenses, and all of our loses. So
this when it was all balanced out, put us into debt to them, for almost twenty thousand dollars,
here, the decision, was that, my family, we were the iniured party, yet, we had to pay them
twenty thousand dollars, for the privilege of being iniured by them. So now what could I
do? So now I have ninety days to come up with the money, before they begin legal action, to
force sale of home, in order to collect on that, which I'm sure they will do, because they have
filed at least six other law suits against me, my lawyer, other family members, and even
business associates are named as co-defendants in these law suits.'o Richard statcs: "Sounds
like they are intent on continuing the campaign, and do you think the first Judge would have
seen things differently ? Nicklas: "Ya,I believe the first.Iudge would havc rcndcrcd an
cntirely different decision, um, unfortunately, you know, they wore him out, with I think fivc
recusals, and a, and for what ever reason I can't blame him for not wanting to continuc with
the case, I didn't want to continue, you know, yes I believe he would havc rcndcrcd an cntircly
different decision, but an appeal would mean more years in court, morc in lcgal fccs, than thc
twenty thousand dollar Judgment against us."

Hoffman stated: "I hope we can raise the money by telling people our story, um, any extra
donations, we collect will go to legal accounting and other loses, because the loses havc already
been about forty thousand in actual out of pocket loses, including legal and damages that
wefve incurred to this time, and add to that the twenfy thousand we have to pay themo thats
sixfy thousand dollars total loss, that was what they wanted to steal from me in the beginning,
and so they have damaged me that much, but they still want the property. its amazing, but I
just don't understand how they justiff all this in their mind, uh, you know this is the short
version of the story. These people have caused so much anguish and distress to all of us
if you can only give a few dollars, please help us,I, I pray that, you never have to, anyone out
there, that you never have to, you never have such friends in your life that could betray you as
these people have us, if anyone wants the long version perhaps it would make a good human
interest, or a terror movie of a sort, ah I have some good ideas atrout that too, ah, please
contact us for further details and proof, and thank you Richard for being here with me.o'
(end of first clip)


'oSave our Ranch update" published on July 1612014

at 4z16: ('In the by and by he offered to purchase half the property, and we
had a written agreement for that, and he broke the agreement. But he decided to set me up
set up circumstances whereby he could steal the property from us on a technicality.".."But I
did ask them in 2009 to leave the properfy, and thats when they let their hostilities bc known
against me and my family and they've done everything they could to, ah, destroy me and my
family, first Amendment and all of my work, in order to, ah, you know cripple us
financially, so they could have their way with us in court, so call them my Ahab and Jezabel"
..."" So in the same way, this man's wife , because she's a legal activist and you know shc

12. Hoffman states


what a you call t]rat.. legal work"...." "and she decided that, um, they could build a case, even
if they had to build it from scratch, by fqlsiffing evidence and other things, which they
did to set me up for, to use a, um, what you call it, a technicality of lawn to steal the property
from me, and the technicality of law, works like this"r..."" lf someone sells you a piece of

property and you begin to make payments on the property for a year, however if the person
selling it decides that they want the property back, because the railroads coming through,
right, they realize, oh,I made a mistake, the railroads coming through, now this property's
going to be worth ten times what it was, so they refuse to take payments, so they can foreclose
on you, so that's what the technicality is in the law for, so, she thought she would fabricatc
evidence, in order to take advantage of this technicality so that they could take the property
from me, right, and that would be evil, if someone sold you a piece of property and they camc
back after you made a year or ten years of payments on it, and refuse to take payments
because then it says, if they refuse to take payments, then that means that the debt is forgiven,
under that circumstance, rightt' Richard says: t'thats correct "Nicklas says: "So they tried to
fabricate evidence and build a case but it didn't work, but they dragged us through the court
by misusing and abusing court procedure., and rules, ah for more than, well it's been five years
now. They also misused the court and procedures to maintain possession of the south l2ll fcet
of my properfy so that they could launch their campaign to destroy me, they've done a lot of
evil things to me." (17:08) "These are some of the things, and worse things they've done, you
know, cutting, sabotaging our internet connection, and phone lines, continually, over a couple
year period, finally severing them completely, so that we were without service, almost a wcek
before the telephone company came out quickly and retrenched 600 feet down the road to my
studio here, and replaced my lines, now I have back up cable internet too, so I'm very secure
now, in my connection, and a keeping my work going. They also continually messed with my
electricity, shutting it off. Because my services were brought in at the corner of the property
closest to where the services were and they went underground to my house from there so
because they had possession, absolute possession of that portion given to them by misusc of the
court system um, they were able to harass us in that way and sabotage, and then they finally
uh, cut off our electricity all together, about a month after you arrived on the property."..".."
(22:40\ 66I spied a bucket truck out there, with electrician for southern California Edison
technician", do you remember what he said ?" Richard: tt He said your power got shut oI1,
discontinued".. Nicklas stated: " Yao the power got discontinued, he shut it off because of non
payment of the power bill, because these people had taken over and had possession of my
property they also had control thru a fictitious entity of the electric utilities service " (12:34).
And they thought it also made their case look better because then they could get reimbursed
and have some kind of claim against me. " (23:55)

13. (32:20): ...".."he breached the contracto but then came up

with a technicality whereby they

were going to steal the property from me. 'o (32:28) " Then they started putting together ,
constructing false evidence. Q2234) "We filed a quiet title which they knew they couldn't"
Nicklas asks Richard Rodriguez: "Am I a liar Richard",(etc) Richard says: "everything hc says
is true"156Mr. Gillespie had demolished the service panel and SCE wouldn't hook it up until we
got it cleared by the County and had a permit and all that" got it signed off by the county again,,"
'0...".."" even though it would cost us $4000 dollars and take over a month to get our electricity
hooked back up by trenching 400 feet down the road." "I was without electricity for over three
weeks" ttl lost all my production accountstt "the computers got all messed up because of the bad
electricity from the generators" ..." "two generators running continually" forfy dollars worth of
gas a day".."" God provided three thousand dollars ten days before the power went off' (al:00)
So I iust held onto it"..".." we did have the funds to pay for the services that I already installe d
and paid for, to hhve them installed again.".."and having to face trumped up gun charges on
several occasions ".. 'obeing watched continually" "so they trumped up this thing where I shot
their friend in the eye, and she actually swore out an affidavit saying that this actually

happened"ooand you know, for me the temptation was to retaliate in kind, a, to go over thcre, and
murder them, and things like that, you know cause you have these feelings.".."and tempted to
fabricate evidence, or whatever"...." because I may not get a million dollar multi million dollar
book and movie deals now for writing lies, I certainly canrt get it for writing the truth, but my
true reward is beyond what any of these people will ever achieve, they will lose everything, when
the true resurrection or their life comes to an end which ever comes first." (46:00-fQ "They're
wise in the ways of evil in screwing people over, inn using the court system" "wise evil men rulc
the world, OK' (a8:30-38).

From YOUTUBE.COM Video titled: *PRTV 082714b"

published August 28,2014, from Cross


Nicklas Hoffman states: o'I think I've got like two thousand six hundred dollars raiscd on linc
and then offline I've probably raised a little more than two thousand dollars."

15. From

YOUTUBE.COM Video 6'Ranch Update 2" published on August 2,2014, at

adds up quickly when you have people that iust attack and attack, I mean, you know I
think at least twelve (12) law suits, then they attack my lawyer, attack my friend, attack my
business associates, cut off my phone, and just try to destroy thc work that I'm doing hcrc
becoming Satan's puppets that's all they are to me is Satan's puppets."


16. ".."" I'm going to give what I have on that date, and then they're going to drag mc into
court for the rest of it, so I have to keep paying them until its done."..."... I think the only
reason they asked for the ninety days is so they could figure out a way to stay (45:20) I mean,
I think their life would be over if they couldn't you know carry out Satan's plan to destroy me
and my family and the work that I'm doing here. Actually, these people are that delusional thnt
they think that this is their lifes mission" Rodriguez chimes in ("Ya" IIoITman continucs: "
They've been doing this for five years now and of course you know, God has allowed them to
come so far but no further, well anyway (45:43) At 45247 Richard Rodriguez says: "I scc thcl'
are some very delusional people. I seen their true colors though, yes I have." At 45:55 IlolTman
says "Yes, and they lie at the drop of a hat man, therers not a problem, Rodriguez chimes in
"Quick"l Hoffman says: "They count,I mean they, that's why,I'm iust amazed at the Judges
decision but see the Judge is not God he's probably not a Godly man, if any of the .Iudges are
Free Masons itrs probably that Judge"..." he had to put them off the property, even though he
did favor these evil people by giving themo you know a Judgment that they weren't cntitled
to.'o Rodriguez says: 66 Thats Right"; Hoffman says: otHe went against the evidence, or he may
have just not liked me, or the way I looked, you know, it poulda' iust come down to that, ah, hc
could just trusted them more than he trusted me, or because they, throw, they slung so much
mud, that some of it stuck, you know, and he was influenced by the, because he probablv
thought by the volume of their accusations against me that certainly there must be some truth
to it, ah even though, the evidence was contrary, because you know, and that's the advantage
that the evil have over us, in the world, is that they are allowed to bare false witness against
their neighbor, whereas we keep his commandments, and it doesn't matter if wc hatc our
neighbor or they're trying to destroy us us, we still can not repay evil for evil, because if I would
bare false witness against them and start making false accusations against thcm that would bc
repaying evil for evil, but it gives our adversaries an advantage in the systoms of mcn, but nol

before the Judge and the court that really matters, the cloud of witnesses that ovcrsccs us all,
and the real court, and the real trial that I should say, that's going on daily and is bcing plaved
out in all our lives, because we're all on trial for our whole lives, and that's anothcr thing that
I've been realizing going through this court system thing, is that we are in trial evcryday and
there are a cloud of witnessesrwe have a Jury, only, there's only this one that's going to makc a
decision, and that is the great King Judge of us all, and that is Jeshua, Jcsus. ltichard
Rodriguez states: I know there's going to be a lot of work to be done over there, thcy.iust, thcv
thrashed that place". Nicklas says: "ya. Richard says: " You know what I mean, clearly. .f unk
everywheret' Nicklas says: 'o lt's a mess, but that's the least of our problems." Richard says: "
Yar I know".." Nicklas states: '6 But I don't want to be tied to these people, I'd rathcr cut'em
Ioose as soon as possible, because they need to go on with their life, and dcal with thc rcal
problems that they have because Satan's. had control over them for so long, that, a, I'm surc
that a lot of that is being played out in their flcsh, you know, physical problems and so f'orth,
and their own family's going to hell in a hand basket, I can see it, but they can't, bccausc thcy
can't even see the road they're on" Richard says "Post this on your face book, sharc it, we nccd
to get as many shares as we can, you know it's not share'n as much, but sharc this, uho save the ranch, then Nicklas states, o'OK I'll put the link in thcro oncc again
and paste it and then we go send, and it's in there once again, so ya, please, uh, do it thrce or
four times during the week. Ok that's all we have time for, I'm Nicklas Arthur, with Richard,
signing off.


Published August 2,2014, at 33:55:

Hoffman states: o'Anyway speaking of miracles"..."If these people repented and

withdrew their complaints and withdrew the lien against our ranch, that would bc a miraclc,
O.K"..."that would be the best miracle of a11"..." if they repent theytre not my enemy any more.o'
That's right if they repent of the evil they've done, and truly repent turn their lives around and said
we were led astray ah, whatever, that would be probably the best miracle so perhaps all of you can,
when you're praying for me and my ranch, and God to smitetem, father, so we would like to see
them repent, that would be the best thing of all, because at one time they at least, pretended to be
my friends you know, I knew they pretended for a long time, while they were making other plans
(36:18) At 38:38 Nicklas stated "They made false accusations against me and then when I went into
it, it was the same Judge that took over the case during the last ten percent and turned thc wholc
thing around, and awarded the restraining order, in California if you get a restraining Order you
lose your second amendment gun Rights, you have none, and thats why they went about to build
gun charges against me, because they knew I had formerly at one time had a twenty two caliber
rifle, that I was supposed to have had and then see my posse$sion would bring in Federal gun
charges"..." and I would definitely go to jail, and that was what they were trying to construct
against me on the gun charges they didn't just try once, they tried twice, and they failed twicc."
17. Nicklas


Iloffman said: *They said I shot not with a bee bee gun, but with a high powered pellct gun,
Brent Wade, that belonged to you, that you had on, that I wouldn't allow you to have on my
ranch so you pu! it on consignment. So they constructed a story of me using that pcllet rifle and
shooting a womhn in the face with it. T\ey actually got a woman to sign a complaint and lie,
saying that it actually happened, but it never happened. Just look at what they did with the
quiet title putting it off for four years, so this is the diabolical plan that these people tried to

execute against me, and why it took so long not to mention using RICO statutes." Thev tricd
numerous times to get the County Prosecutor to come after me, and the City Prosecutor, of the
local town to come after me, and the City prosecutor, of the local town to come after mc, thcy
had priorities because they couldn't keep their story straight and you know, and they had no
evidence that I was involved in any criminal activity, I mean, because I don't have any priors, I'vc
never been arrested in my life, never been charged with a crime kind of difficult to go from
there, to get me as the God father of racketeering, as the Godfather of Tulare County. I don't
think the County Prosecutor was buying it , so these are the kind of attacks, I'm iust glad that
Satan was using these weaker people against me, didn't have any big timc Jesuit, you know
coming after me, like they did after Tony Alamo and others"...".."

From the YOUTUBE.COM video title

*TEMPLE MOUNT Maybe Wrong Location" Feb. 11,2015

Hoffman states: "But then they hired a lawyer for a day to cxaminc mc, this
guys kind of like a bull dog, OK, and a apparently I know more than their bulldog knows,
because I knew that he couldn't ask me personal questions" at 39:55 Nicklas says: "Ilut their
Lawyer has little honor as far as I'm concerned, he's just a paid bulldog, for thc day, bccausc
they like to be their own attorney, so anyway I hope he got'em real good on fees, ya". (40:15).

19. at 39:29 Nicklas

20. Hoffman says: "another thing I found out, you know how Paypal, shut us down, and I had to
refund all of the help, the funds that people were, giving, um I found out that, they complainedo
because their lawyer brought up the page in the conference room there when they were grilling
me and when I told them, cause he says well where is this money at, and I told him that it got
shut down and I had to refund all those funds, and immediately I know by looking at their
face, uh, faces, that they had complained, and had the thing shut down, didn't quitc put it
together before that, yao it was cause they accepted that immediately without question, they
already knew it, that's what I discovered and that they were responsible fbr shutting down thc
go fund me thing that we had going there at, like I said I had to refund most of those, all of the
ones that came from pay pal, I had to refund, and I don't think I've got, got a few of those back
so I do have a little bit of money a couple thousand dollars put up for this, that people gave
itrs still sitting there but its nol gonna be enough , so as soon as this thing is done we'll see
whatrs left and hopefully werll get a Judgment against them but its unlikely like I said the
Judge seems very biased but if he does his true job, I think that I have damages coming against
them, that we couldn't get the Quiet Title Equity thing"..."it doesn't mean I wouldn't rathcr
have been before the other Judge, which they recused 3 or 4 timcs, to stall, and that.ludge
finally died, that's one of the reasons he became, he had terminal canccr and hc dicd, and so
this the new judge also the head Judge, of the whole coutrt house, picked up thc casc evcn
though the original Judge had found us to be the injured party, some how they got rcwardcd
for injuring us, and now we have to pay them doesn't make sense, but when you undcrstand,
that their effort to fragment the case by the recusals and delays, and finally getting anothcr
Judge, which was what they hoped fon but he had to die because the rccusals didn't work, and
uh it fractured the case, so much that, ya, they were able to get something with the new
Judge that the other the original Judge would ncver have given them, cause hc alrcady statcd
that they had nb right to those things under the contract that was in disputc."...
21. June 17r2015 on Prophecy Realify program on http://firstamendmcntradio.nct starting at

16:09, Nicklas Hoffman stated: "I have been under attack for seven years, oh yes and I havc to
admit, I got to the root of this attack and it's from those evil people that tried to steal my land and
destroy me and they began the whole thing by enraging other people. . . it all startcd with going to
the party and I should have hidden the horses that were in bad shape, anyway it all startcd with
the same people and their agenda to destroy me and my family and the work that wc arc doing
here at any cost regardless . . .
2102: Nicklas Hoffman continues: "who do I think she was working for? No, I think she had her
own agenda. The woman they sicced on me, of course the they that sicced hcr on me is thc cabal,
this small cabal of people that are still attacking me over here. They called the . . .of course she ha
a horse rescue ranch in Tulare, not in Tulare, Exeter California and she is a liar, and she's willing
to bare false witness against me, so that's the worse kind of liar, 'cause thc commandmcnt
specifically says 'Thou shalt not bear false witness against thy neighbor and she had no
compunction about bearing false witness against me, and anyway, she workcd lbr hcrsclf, and it
was a good event for her to raise funds.


43. Besides the personal rights mentioned or recognized in the
Government Code, every person has, subiect to the qualifications and
restrictions provided by law, the right of protection from bodily
restraint or harm, from personal insult, from defamation, and from
iniury to his personal relations.
44. Defamation is effected by either of the following:
(a) Libel.
(b) Slander.

45. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or othcr
fixed representation to the eye, which exposes any person to hatred, contcmpt, ridiculc, or
obloquy, or which causes him to be shunned or avoided, or which has a tendcncy to in.iurc him in
his occupation.
45a. A libel which is defamatory of the plaintiff without the
necessity of explanatory matter, such as an inducement, innuendo
other extrinsic fact, is said to be a libel on its face. Defamatory


language not libelous on its face is not actionable unless the

plaintiff alleges and proves that he has suffered special damdge as a
proximate result thereof. Special damage is defined in Section 48a
of this code.
46. Slander is a false and unprivileged publication, orally
uttered, and also communications by radio or any mechanical or othcr
mcans which:
l. Charges any person with crime, or with having been indicted,
convicted, or punished for crime;
2. Imputes in him the present existence of an infectious,

contagious, or loathsome disease;

3. Tends directly to injure him in respect to his office,
profession, trade or business, either by imputing to him general
disqualification in those respects which the office or other
occupation peculiarly requires, or by imputing something with
reference to his office, profession, trade, or business that has a
natural tendency to lessen its profits;
4. Imputes to him impotence or a want of chastity; or
5. Which, by natural consequence, causes actual damage.

publication or broadcast is one made:

(a) In the proper discharge of an official duty.
(b) In any (1) legislative proceeding, (2) judicial proceeding,
(3) in any other official proceeding authorized by law, or (4) in the
initiation or course of any other proceeding authorized by law and
reviewable pursuant to Chapter 2 (commencing with Section 1084) of
'I'itle I of Part 3 of the Code of Civil Procedure, except as follows:
(1) An allegation or averment contained in any pleading or
affidavit filed in an action for marital dissolution or legal
separation made of or concerning a person by or against whom no
affirmative relief is prayed in the action shall not be a privileged
publication or broadcast as to the person making the allegation or
averment within the meaning of this section unless the pleading is
verified or affidavit sworn to, and is made without malice, by one
having reasonable and probable cause for believing the truth of the
allegation or averment and unless the allegation or avermcnt is
material and relevant to the issues in the action.
(2) This subdivision does not make privileged any communication
made in furtherance of an act of intentional destruction or
alteration of physical evidence undertaken for the purpose of
depriving a party to litigation of the use of that evidence, whether
or not the content of the communication is the subject of a
subsequent publication or broadcast which is privileged pursuant to
this section. As used in this paragraph, "physical evidence" means
cvidence specified in Section 250 of the Evidence Code or evidence
that is property of any type specified in Chapter 14 (commencing with
Section 2031.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(3) This subdivision does not make privileged any communication
made in a iudicial proceeding knowingly concealing thc existence of
an insurance policy or policies.
(4) A recorded lis pendens is not a privileged publication unless
it identifies an action previously filed with a court of competent
jurisdiction which affects the title or right of possession of real
property, as authorized or required by law.
(c) In a communication, without malice, to a person intercsted
therein, (1) by one who is also interested, or (2) by one who stands
in such a relation to the person interested ai to afford a reasonable
ground for supposing the motive for the communication to be

47. A privileged


innocent, or (3) who is requested by the person interested to give

the information. This subdivision applies to and includes a
communication concerning the job performance or qualifications of an
applicant for employment, based upon credible evidence, made without
malice, by a current or former employer of the applicant to, and upon
request of, one whom the employer reasonably believes is a
prospective employer of the applicant. This subdivision authorizes a
current or former employer, or the employer's agent, to answer
whether or not the employer would rehire a current or former
employee. This subdivision shall not apply to a communication
concerning the speech or activities of an applicant for employment if
the speech or activities are constitutionally protected, or
otherwise protected by Section 527.3 of the Code of Civil Proccdurc
or any other provision of law.
(d) (1) By a fair and true report in, or a communication to, a
public journal, of (A) a judicial, (B) legislative, or (C) other
public official proceeding, or (D) of anything said in the course
thereof, or (E) of a verified charge or complaint made by any person
to a public official, upon which complaint a warrant has been issued.
(2) Nothing in paragraph (1) shall make privileged any
communication to a public journal that does any of the following:
(A) Violates Rule 5-120 of the State Bar Rules of Professional Conduct.
(B) Breaches a court order.
(C) Violates any requirement of confidentiality imposed by law.
(e) By a fair and true report of (1) the proceedings of a public
meeting, if the meeting was lawfully convened for a lawful purpose
and open to the public, or (2) the publication of the matter
complained of was for the public benefit.

48. In the case provided for in subdivision (c) of Section 47,

malice is not inferred from the communication.
1. In any action for damages for the publication of a libel in
a newspaper, or of a slander by radio broadcast, plaintiff shall
recover no more than special damages unless a correction be demanded
and be not published or broadcasto as hereinafter provided. Plaintiff
shall serve upon the publisher, at the place of publication or
broadcaster at the place of broadcast, a written notice speciffing
the statements claimed to be libelous and demanding that thg same be
corrected. Said notice and demand must be served within 20 days after
knowledge of the publication or broadcast of the statements claimed
to be libelous.
2. If a correction be demanded within said period and bc not
published or broadcast in substantially as conspicuous a manner in
said newspaper or on said broadcasting station as were the statements
claimed to be libeloirs, in a regular issue thereof published or
broadcast within three weeks after such service, plaintiff, if he
pleads and proves such notice, demand and failure to correct, and if



his cause of action be maintained, may recover general, special and

exemplary damages; provided that no exemplary damages may be
recovered unless the plaintiff shall prove that defendant made the
publication or broadcast with actual malice and then only in the
discretion of the court or jury, and actual malice shall not be
inferred or presumed from the publication or broadcast.
3. A correction published or broadcast in substantially as
conspicuous a manner in said newspaper or on said broadcasting
station as the statements claimed in the complaint to he libelous,
prior to receipt of a demand therefor, shall be of the same forcc and
effect as though such correction had been published or broadcast
within three weeks after a demand therefor.
4. As used herein, the terms "general damagesr" "special damagesr"
"exemplary damages" and "actual malicer" are defined as follows:
(a) "General damages" are damages for loss of reputation, shame,
mortification and hurt feelings;
(b) "Special damages" are all damages which plaintiff alleges and
proves that he has suffered in respect to his property, business,
trade, profession or occupation, including such amounts of money as
the plaintiff alleges and proves he has expended as a result of the
alleged libel, and no otherl
(c) "Exemplary damages" are damages which may in the discretion of
the court orjury be recovered in addition to general and special
damages for the sake of example and by way of punishing a defendant
who has made the publication or broadcast with actual malice;
(d) "Actual malice" is that state of mind arising from hatrcd or
ill will toward the plaintiff; provided, however, that such a state
of mind occasioned by a good faith belief on the part of the
defendant in the truth of the libelous publication or broadcast at
the time it is published or broadcast shall not constitute actual malice.

48.5. (1) The owner, licensee or operator of a visual or sound

radio broadcasting station or network of stations, and the agents or
cmployees of any such owner, licensee or operatorrshall not be
liable for any damages for any defamatory statement or matter
published or uttered in or as a part of a visual or sound radio
broadcast by one other than such owner, licensee or operator, or
agent or employee thereof, if it shall be alleged and proved by such
owner, licensee or operator, or agent or employee thereof, that such
owner, licensee or operator, or such agent or employee, has exercised
due care to prevent the publication or utterance of such statement
or matter in such broadcast.
(2)lt any defamatory statement or matter is published or uttered
in or as a part of a broadcast over the facilities of a network of
visual or sound radio broadcasting stations, the owner, licensee or
operator of any such station, or network of 'stations, and the agents
or employees thereof, other than the owner, licensee or opcrator of
the station, or nefwork of stations, originating such broadcast, and

the agents or employees thereof, shall in no event be liablc for any

damages for any such defamatory statement or matter.
(3) In no event, howcver, shall any owner, licensce or operator of
such station or network of stations, or the agents or employces
thereof, be liable for any damages for any defamatory statement or
matter published or uttered, by one other than such owner, licensee
or operator, or agent or employee thereof, in or as a part of a
visual or sound radio broadcast by or on behalfofany candidate for
public office, which broadcast cannot be censored by reason of the
provisions of federal statute or regulation of the Federal
Communications Commission.
(a)As used in this Part 2rthe terms "radior" "radio broadcast,"
and "broadcastr" are defined to include both visual and sound radio
(5) Nothing in this section contained shall deprive any such
owner, licensee or operator, or the agent or employee thereof, of any
rights under any other section of this Pnrt 2.

Dated .Iune 18, 20Ls


Melody G l