Recipient Information:
Administrators
Website:
http://www.siccness.net/
Sent via: Email
Re: Demand to Cease and Desist and Retract Libel
Law Offices
Low, Ball & Lynch
505 Montgomery Street, 7th Floor
San Francisco, CA 94111-2584
Telephone: (415) 981-6630
Fax: (415) 982-1634
October 11, 2008
Via Email
Dear Administrators at Siccness.net:
This law firm represents Monte Debruce, and we have been asked to write this letter to you. Many of your statements about Mr. Debruce in your e-mail postings are untrue and defamatory. You made them maliciously to injure Mr. Debruce in his trade, office and profession. As such, they are defamatory per se. Under O.C.G.A.51-5-11, this letter constitutes a demand for immediate retraction in writing of these false and libelous statements. In accordance with O.C.G.A 51-5-11(b)(1)(C), Mr. Debruce demands that your retraction and correction be accompanied by an editorial in which you specifically repudiated your libelous statements.
Your web postings and conduct also constitute tortuous interference with the business and contractual relations of Mr. Debruce. As such, they are actionable and expose you to the imposition of compensatory as well as punitive damages.
Below, we have noted some of the more patent, malicious, and libelous comments made by you in your e-mails; some of them also evidence your tortuous interference. If Mr. Debruce is forced to file suit to stop your wrongful conduct, he will also seek an award of its attorney fees and litigation expenses.
Many of these errors have been previously brought to your attention. Also, on occasion you have admitted that your postings exceeded the bounds of free speech. Your failure to correct your erroneous and false statements and their repetition after notice of their falsehood constitutes further publication of libel. It also confirms your malicious intent.
If you do not immediately publish the requested retraction, and cease and desist from tortiou interference and making false and malicious comments about Mr. Debruce, we will file suit against you. Please govern yourself accordingly.
Sincerely yours,
Mark Foster Hazelwood