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曾彦玲造谣案，法庭诉状Complaint

已有 11394 次阅读2018-12-19 07:09 |系统分类:曾彦玲造谣案| 曾彦玲造谣

COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX, ss SUPERIOR COURT DEPARTMENT

OF THE TRIAL COURT

______________________________

Yong Li, )

Plaintiff, )

v. ) CIVIL ACTION NO. 1881CV03670

Yanling (Rebecca) Zeng, )

____________________Defendant. )

COMPLAINT, COMPENSATORY

AND JURY DEMAND

INTRODUCTION

The Plaintiff, Yong Li, brings this lawsuit against Defendant Yanling (Rebecca) Zeng charging defamation.

Jurisdictions

This court has jurisdiction over the matter of Defamation under Common Tort Law;

Parties

Plaintiff, Yong Li (“Li”), is a former software developer who was employed at Raytheon and is currently a landlady who owns a house in Sudbury MA.
Defendant Yanling (Rebecca) Zeng (“Zeng”) is a real estate agent who lives in ----, Sudbury MA. Tel.: ---. Email: ---.

Facts

A WeChat ID, jessicaz8215, possesses a WeChat group that includes 437 members. The group name is SFFS v. Harvard University Discrimination against Asian Students (1群-SFFA告哈佛歧视亚裔学生). The purpose of this group is to assist the current discrimination lawsuit against Harvard.
Plaintiff and Defendant Zeng are in Defendant Jessica’s group.
On December 11, 2018, Plaintiff posted the following message to the group: “I have lived in Boston for many years, and this is the first time I have met someone who has no character. [She] came to my house only once and [she] believes that she knows everything [about me]. People who have known me for 20 years do not claim [to know me as well as this woman who met me only once]. (The original Chinese words: 在波士顿这么多年，第一次碰到没有人品的。来我家一趟，还以知情者自居。人家认识我20年的人都不出头。)”
The words “came to my house once” referred to the fact that back to 2016, Defendant Zeng, a real estate agent, visited the Plaintiff’s house in Sudbury at the Plaintiff’s request for an estimate of the house’s sales value. Other than that single occasion, the Plaintiff and Defendant never met each other.
In response to the Plaintiff’s message, Defendant Zeng posted this message to the group: “Are you attacking my character? I believe that everyone who knows me knows what my character is. Those kinds of pink-news [a Chinese term for sex gossip] about you have nothing to do with me. Please pay attention to yourself. You can take whatever medicine you want, but you can’t say whatever [comes to your mind]. ( The original Chinese words: 你没事在骂我没人品吗？相信认识我的人都知道我的人品如何，你的各种绯闻与我无关，请你自重。你药可以乱吃，话可不要乱说！) ”
The words “Those kinds of pink-news [sex rumors/gossip] about you ...” suggest that such rumors exist; the Defendant is spreading the rumor to the group by mentioning this while at the same time denying knowledge of it. As far as the Plaintiff knows, there is no such gossip about her. [“那些关于你的各种粉红色新闻” 是对事实的虚假陈述。原告不知道任何与她有关的绯闻，更不用说“各种”。]
Defendant Zeng then posted :”I have a wide area of activities and a lot of contacts with people. It is the first time I have heard that my character is not good, but I will not cater to people at the trash level. I believe that the people in the group look at your endless arguments. It is easy to guess that you have delusional symptoms. I also saw the opinions of the group of friends and found that their words are similar. It seems that the whole village [Town of Sudbury] has very consistent opinions about the rumor regarding you, and it is not good to switch black and white! (The original Chinese words: 我活动区域很广，接触人很多，我头一次听说我人品不好，不过我不会取悦垃圾级别的人。相信这里群里的人看你这些天滔滔不绝的大论，都难免猜想你有臆想症吧，我也是看到群友对你的评价，发现这词非常贴切。好像跟整个村对你的流传非常一致，颠倒是非黑白就不好了！) ”
The Plaintiff felt this was strange because the Plaintiff generally has no personal contact with local Sudbury people. The Plaintiff has lived in another town for years, and only returns to Sudbury to pick up mail and look after her house. The Plaintiff does not know of any rumors about her, including any sex gossip. However, the Plaintiff did feel something was wrong. In the last two years, people in the local Sudbury WeChat group were sometimes rude to the Plaintiff for no apparent reason. The Plaintiff does not know who those people are because they use WeChat ID. The Plaintiff believes that if any rumors had been spread, the only person who could be spreading them is Defendant Zeng because she is the only person who knows the Plaintiff and she is active in the Sudbury area. [原告感到奇怪，因为原告一般与当地的Sudbury华人没有什么私人接触。原告多年来一直住在另一个town，她偶尔回到Sudbury去照顾这所房子。原告不知道有关她的任何谣言或村庄范围谣言。然而，原告确实感到有些不对劲。在过去两年里，有时Sudbury微信群体中的某些人可能会毫无理由地对原告粗鲁无礼。原告不知道这些人是谁，因为他们使用微信ID。原告认为，如果有任何谣言发生，唯一可能与原告及Sudbury的这些人有关联的就是曾彦玲，因为曾与原告见过一面。]
In response to Defendant Zeng’s defamation, Plaintiff posted this message: “Nonsense, do you want me to bring you to court and sue you for defamation, so that you will lose your houses? (The original Chinese words: 胡说八道的，要不要我把你拖上法庭，告你一个诽谤，你几个房子都赔掉。)”
Then, a member in this group whose WeChat ID is “Ben” posted “You just made a threat that I need to curtail my speech in order to avoid your legal harassment”. This means that he took the defamation words as true.

After a while, the group owner, Jessicaz8215, removed the Plaintiff from the group of 437 members. Jessicaz8215 failed to take any action to stop the defamation.

In the following days, Plaintiff contacted with Defendant Zeng and tried to discuss about the litigation issue, and Zeng did not show her willingness to settle.

Count I:

(Defamation under Common Tort Law against

Defendant Jessica and Defendant Zeng.)

The action of the Defendant set forth above constitute defamation in Violation of Defamation under common tort law.

WHEREFORE, plaintiff Yong Li requests that this Court order the Defendant Zeng to pay Plaintiff.

One (1) million dollars which includes but is not limited to:
Compensation for damage Plaintiff’s reputation;
Emotional distress damages;
Punitive damages;
Attorney’s fees (if Plaintiff employs one at any time) and costs as provided for by statute; and
Any other relief to which Plaintiff may be entitled.