Tabberone is pronounced tab ber won |
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Karen Dudnikov and Michael Meadors
Brandon Poole
Re: Cease & Desist Demand Dear Brandon Poole and Andrea Poole, Pursuant to California Civil Code 48a, we are hereby sending you a detailed Cease & Desist letter for defamatory statements posted by your business entity, TinyTotsNTeens, formerly AdorableDecor. These defamatory statements were publicly disseminated in printed form (internet blog, a.k.a., newspaper) by way of the internet beginning Monday 5, 2007, with the comments continuing to be published through sometime Wednesday, November 14, 2007. On Monday, November 5, 2007, at 10:13 am, your business entity posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:
On Monday, November 5, 2007, at 10:48 am, your business entity TinyTotsNTeens posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:
On Monday, November 5, 2007, at 11:14 am, your business entity TinyTotsNTeens posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:
On Monday, November 5, 2007, at 3:16 pm, your business entity TinyTotsNTeens posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:
On or about Tuesday, November 5, 2007, in the morning, your business TinyTotsNTeens entity posted the following untrue and factually unsupported statements, publicly made by you, or that you caused to be made publicly, with the intent to cause hatred, contempt, ridicule, and to injure the reputation of Tabberone:
Recent federal court ruling have identified “blogs” as being “internet newspapers” and therefore subject to the same level of First Amendment protection. As such, under California law, you are subject to penalties for defamatory publications, up to and including punitive assessments if you do not publish an apology and retraction in the same public and prominent manner as the original defamatory statement and for the same period of time if not longer. Please note, we are not taking “issue” with what are obviously comments based upon “opinion”, such as the childish statements about Karen's hair and sense of fashion. Statements of opinion, as ignorant as they may appear to others, are not the subject of this letter. The defamatory per se statements that are presented to be based upon fact, or reasonable research, or actual knowledge, lead an unsuspecting reader to believe they are true when in fact they are fabrications, are the statements cited. Accusing someone of committing a crime when they have not, accusing someone of causing harm to others when they have not, accusing someone of being involved in a conspiracy against another when they are not; all are defamatory; all are alleged in the above publicized publications, in addition to other false allegations. We demand you retract the above statements in a timely and publicly prominent manner similar to the original offending publication, for a minimum time period to duplicate the original offending publication, and to notify us as to the beginning time and internet location for the retractions. We also demand that you cease immediately making factually unsupported statement concerning Tabberone, Karen Dudnikov, and/or Michael Meadors. Additionally, we demand that you remove any such statements from any web sites upon which you have posted factually unsupported statements or similar defamatory statements, and agree in writing to not publish or cause to be published such statements again in the future. Your failure to comply with these demands may result in legal action to compel and for expenses, costs, and damages as allowed under California law. Sincerely,
Karen Dudnikov |
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