What Is Defamation Under California Law?
Defamation is a false statement of fact, communicated to a third party, that damages a person's reputation. Slander refers to spoken defamatory statements; libel refers to written or published ones. Certain categories of statements — such as false accusations of a crime, a loathsome disease, or professional incompetence — are considered defamatory "per se," meaning damages are presumed without separate proof of harm.
RV Litigation Group PC represents clients in San Jose, San Francisco, Palo Alto, Oakland, and throughout Santa Clara County and San Francisco County.
What the Law Says
Civil Code 45 — Libel Defined
"Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy..." — California Civil Code Section 45
Libel covers written or otherwise fixed defamatory statements, including those published online. Truth is an absolute defense — a statement, however damaging, is not defamatory if it is substantially true.
Code of Civil Procedure 425.16 — Anti-SLAPP
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California's anti-SLAPP statute allows a defendant to file a special motion to strike a defamation claim early in the case if the challenged statement arose from protected speech on a public issue, unless the plaintiff can show a probability of prevailing on the merits. A successful anti-SLAPP motion typically entitles the defendant to recover attorney fees — making this statute a critical consideration on both sides of a defamation case.
Real-World Examples
A former business partner tells mutual clients and colleagues that a San Jose entrepreneur committed fraud, a statement that is demonstrably false and causes the entrepreneur to lose several contracts. Counsel pursues a defamation per se claim, since a false accusation of a crime does not require separate proof of damages.
A contractor is falsely accused in an online review of stealing materials from a job site. Counsel sends a pre-litigation demand seeking retraction and, when that fails, files a libel claim while anticipating and preparing to oppose an anti-SLAPP motion given the review platform's public nature.
A former employee is sued for defamation after posting a truthful but unflattering account of her former employer's business practices online. Counsel files an anti-SLAPP motion, arguing the post concerned a matter of public interest and that truth is a complete defense.
What's at Stake
| Element | Requirement | Statute of Limitations |
|---|---|---|
| Defamatory Statement | False statement of fact, not opinion | 1 year from publication (CCP 340) |
| Publication | Communicated to at least one third party | — |
| Damages (per quod) | Actual harm to reputation must be shown | Presumed for per se categories |
How We Help
1. Case Evaluation
We assess whether a statement is factual (actionable) or opinion (protected), and whether it falls into a per se category that presumes damages.
2. Pre-Litigation Demands
Many defamation disputes resolve with a well-crafted demand for retraction or correction before litigation is ever filed.
3. Anti-SLAPP Strategy
Whether pursuing or defending a claim, we evaluate anti-SLAPP exposure early, since it can determine the entire trajectory and cost of the case.
4. Litigation
When litigation is necessary, we build the strongest possible factual record to prove — or defend against — a defamation claim.
Frequently Asked Questions
No. Truth is a complete defense to a defamation claim under California law. A statement must be false to be actionable, no matter how damaging or unflattering it is.
Certain categories of false statements — such as false accusations of a crime, a loathsome disease, professional incompetence, or unchastity — are considered defamatory per se, meaning damages are presumed. Other false statements (per quod) require the plaintiff to prove actual damage to reputation resulted from the statement.
California's anti-SLAPP statute (CCP 425.16) allows a defendant to file a special motion to strike a defamation claim early if it arises from protected speech on a matter of public concern, unless the plaintiff can show a probability of prevailing. A successful motion typically ends the case and entitles the defendant to recover attorney fees, making early case evaluation critical.
California's statute of limitations for defamation is one year from the date the statement was published or communicated, under Code of Civil Procedure 340. This is a short deadline compared to most other civil claims, so prompt action is important.
