Q: We have been friends for many years. I shared with him in absolute confidence that I have an illness and may become disabled. He said he would keep it to himself, but later told at least two people, including my coworker, who has now asked me very uncomfortable questions. Do I have a case against my so-called friend who shared this confidential information?
G.K., Manhattan Beach
A: There is a jury instruction in California for harm caused by public disclosure of private facts. You have to prove the following: (a) the individual publicized the private information about you; (b) that a reasonable person in your position would consider the publication highly offensive; (c) that the person who “blabbed” knew or acted with reckless disregard of the fact that a reasonable person in your position would consider the publication to be highly offensive; (d) that the private information was not of legitimate public concern, or did not have a substantial connection to a matter of legitimate public concern; (e) that you suffered harm thereby; and (f) the conduct of the publisher was a substantial factor in causing the harm you suffered.
Will the other person say you did not make clear what you told him was truly secret? Or will he say he had some genuine justification to share the information with someone else? Then, if you can establish the elements of his wrongdoing, what kind of harm have you suffered, and what is that worth?
You may indeed have a claim, but you should assess if it can be successfully proven, how it may be disproven, what are your demonstrable damages and, if you sue, to what extent will there then be even further public disclosure? It can be so awful when a friend breaches our trust, but assessing the pros and cons of your situation is prudent.
Q: My former girlfriend published online that I filed for bankruptcy, which is false. It was done just to be mean and vindictive.Can I bring a lawsuit against her?
D.M., Tustin
A: Based on your description, you may well have a claim for invasion of privacy based on what is referred to as “false light.” This arises when offensive information is published about you, with the implication it is accurate — when in fact it is false. You typically will have one year from the date of publication to bring your lawsuit (or it could be time barred). As to the damages, those will usually turn on the specific facts of the claim. Can you show harm to your reputation? Or damage in your occupation or professional life? Did you in fact lose business or some position as a result of the publication?
Besides suing, a cease and desist letter would seem to be in order, making clear she is to stop. You should have the publication removed, deleted and taken down. A retraction might also be of use. While you may try to handle this yourself, getting guidance from a knowledgeable attorney could prove beneficial. If economically feasible, having a lawyer handle the matter may be the most prudent step since you are dealing with an “ex” who already has shown a level of real misconduct.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.