Benjamin A. Davis

Ben Davis (Of Counsel-Los Angeles) obtained summary disposition for six of seven employees of a fuel refining/distribution client in a defamation action. The plaintiff, a contractor of the client entity, alleged that the defendants defamed him by (1) falsely accusing him of placing a sex object on a client work truck and attempting to bribe defendants and other client employees for information about the incident, and (2) informing his employees that he was “locked out” of the client’s terminals following the incident. Ben argued that no evidence existed to support that the defendants made any statements accusing the plaintiff of placing the object on the client truck and that the plaintiff admitted to offering defendants money in exchange for information about the incident. He also argued that truth was an absolute defense to the defamation claim against one employee, because the undisputed evidence supported that the client entity did lock out the plaintiff from its terminals following the incident. As the court agreed that the plaintiff failed to submit any substantial evidence to support his allegations against six of the seven employees, the court granted Summary Judgment as to the causes of action for defamation and slander per se against those defendants.