Why People Struggle
- They don’t know the legal definitions of libel and slander under state law (Cal. Civ. Code §45; §46).
- They miss the one-year statute of limitations for defamation (California Courts).
- They assume all opinions are protected; the U.S. Supreme Court says opinions that imply provable facts can be defamatory.
- They overlook California’s anti-SLAPP law, which can end meritless cases quickly and shift attorney’s fees (CCP §425.16).
In this article, you’ll learn how to avoid these pitfalls and make informed choices.
Understand the Legal Standards
What counts as defamation? California defines libel as a false, unprivileged written statement that harms reputation, and slander as certain harmful oral statements, including false accusations of crime or statements that injure a person in their trade or profession (§45; §46).
Public figures vs. private individuals. Public officials and public figures must prove “actual malice” — knowledge of falsity or reckless disregard — under New York Times v. Sullivan. Private-figure standards vary with whether the matter is of public concern, guided by California jury instructions (CACI).
Opinion isn’t a blanket shield. Statements couched as “opinion” can still be defamatory if they imply false, verifiable facts.
Key privileges. The litigation privilege protects statements made in judicial or other official proceedings (Cal. Civ. Code §47).
A Common Mistake: Waiting Too Long
The mistake. People wait to see if harm resolves itself and miss the filing deadline.
Why it happens. Online posts feel “ongoing,” but California’s Uniform Single Publication Act generally starts the clock at first publication (Cal. Civ. Code §3425.3).
The correct approach. Calendar the one-year statute of limitations for libel/slander and act promptly (California Courts). For media defendants, consider California’s retraction statute, which affects available damages and correction timelines (Cal. Civ. Code §48a).
Procedure That Can Shape Your Case
Anti-SLAPP. If a claim targets protected speech or petitioning on a public issue, the defendant can file a special motion to strike. Courts stay discovery, and a prevailing defendant recovers attorney’s fees (CCP §425.16). Recent amendments still instruct courts to construe the statute broadly.
Platform liability. If the statement was posted by someone else on a website, federal law (47 U.S.C. §230) often shields the platform from being treated as the publisher of third-party content (Section 230 (LII); see also CRS overview).
Damages and corrections. For libel in a daily or weekly news publication (print or electronic), timely demanding a correction can affect whether general and exemplary damages are available (§48a).
If your defamation dispute overlaps with workplace issues, learn the cost to hire an employment lawyer in Los Angeles.
When Defamation Happens at Work
Workplace statements can overlap with employment issues like harassment, retaliation and wrongful termination. If your dispute involves comments by a supervisor, HR or coworkers, consult a Woodland Hills employment attorney to assess parallel employment claims that may run alongside a defamation case.
What a Successful Claim Requires
California jury instructions outline core elements: publication to someone other than the plaintiff, identification, falsity, and, for public figures, clear-and-convincing proof of actual malice. Truth is a complete defense (see CACI 1700–1709 overview).
Deadlines are strict: defamation claims generally must be filed within one year (California Courts). If speech arises from public participation, an anti-SLAPP motion can resolve the case early and shift fees (CCP §425.16).
Frequently Asked Questions
What are the elements of defamation in California
Publication, identification, falsity, and fault; privileges and truth can defeat the claim. California’s jury instructions detail these elements (CACI 1700–1707).
What is the statute of limitations for libel and slander
Generally one year from first publication (California Courts; see also the single publication rule at §3425.3).
Are opinions protected from defamation claims
Not always. If an “opinion” implies false, verifiable facts, it can be actionable (Milkovich).
What is an anti-SLAPP motion
A special motion to strike claims arising from protected speech or petitioning on public issues; discovery is stayed, and prevailing defendants recover fees (CCP §425.16).
Need Help in Woodland Hills
JML Law, APLC is an experience civil law attorney advises clients on defamation claims and defenses, including anti-SLAPP strategy, retraction demands, and online publication issues. Visit our website to learn more: JML Law, APLC.
For help with defamation lawsuits in Woodland Hills, CA, contact JML Law, APLC at (818) 610-8800.
