Can I sue the restaurant owner for posting my insufficent check for public viewing if I paid it?

Full question:

I had a bounced check at a restaurant. The owner made a copy of it and posted it outside the entrance for everyone to see as they walked in the front door. I called her several times and told her I would take care of the check if she took it down. She refused. I got a letter from the DA that she had filed a claim. Even thought she turned it over to the DA, she still has my check posted outside her entrance. I have paid the DA who has the original check. Can I sue her for defamation of character or invasion of privacy?

• Category: Civil Actions
• Subcategory: Defamation
• Date: 04/07/2025
• State: California

Answer:

Defamation is a publication which tends to cause one to lose the esteem of the community. This is injury to reputation. A person can be liable for damages due to the defamation of another. In order to prove defamation, the plaintiff must prove: a) that a statement was made about the plaintiff=s reputation, honesty or integrity that is not true; b) publication to a third party (i.e., another person hears or reads the statement; and c) the plaintiff suffers damages as a result of the statement.

Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If I spread a rumor that my neighbor has been in jail and this is not true, I could be held liable for slander. Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representa¬tion.

The truth of the offensive statement or communication is an absolute or complete defense to a claim of defamation, whether the claim is for libel or slander, regardless of bad faith or malicious purpose or the malice or ill will of the publisher. Constitutional privacy principles do not impact the effect of truth in a defamation action, since the truth remains an absolute defense to a defamation action.