How To Prove A California Defamation – Libel Claim

 

How To Prove A California Defamation - Libel Claim

 

In California, a claim of Defamation – Libel is defined as:

To defame someone is to make false statements that harm the person’s reputation by inciting hatred, contempt, or ridicule against that person. Libel is defamation involving false statements published in writing or another fixed medium.

It simply means:

An untrue statement written publicly to damage someone else’s reputation.

There are 6 elements of the claim:

  • Element 1. The defendant made a false statement about the plaintiff. The defendant said something untrue about the plaintiff that could harm the plaintiff’s reputation, which is a key part of a defamation claim involving written statements.

    Facts that might support this element look like:

    * The defendant publicly stated that the plaintiff was involved in criminal activity, which is untrue and damaging to the plaintiff’s reputation.
    * The defendant published an article claiming the plaintiff had been fired for misconduct, despite the plaintiff’s employment status remaining unchanged.
    * The defendant shared a social media post alleging that the plaintiff had cheated customers, which has no basis in fact and has harmed the plaintiff’s business.
    * The defendant told multiple individuals that the plaintiff was under investigation for fraud, a claim that is completely false and has caused the plaintiff emotional distress.
    * The defendant created a false narrative about the plaintiff’s personal life, stating that the plaintiff had been arrested, which never occurred.

  • Element 2. The statement was unprivileged. In a defamation case, saying a statement was “unprivileged” means that the statement wasn’t protected by any legal rights or special circumstances, making it open to being challenged as false and harmful to someone’s reputation.

    Facts that might support this element look like:

    * The statement was made publicly and shared with individuals outside of a confidential context.
    * The speaker had no legal duty to disclose the information to the audience.
    * The statement was not made in the course of a judicial or legislative proceeding.
    * The speaker did not have consent from the subject of the statement to share the information.
    * The statement was not a fair and accurate report of a public record or proceeding.

  • Element 3. The statement was defamatory. The statement was defamatory means that the statement harmed someone’s reputation by making false claims about them, which could lead others to think less of that person or damage their standing in the community.

    Facts that might support this element look like:

    * The statement falsely claimed that the plaintiff embezzled funds from their employer, damaging their professional reputation.
    * The publication of the statement was made in a widely circulated newspaper, reaching thousands of readers.
    * The statement was presented as a factual assertion rather than an opinion, leading readers to believe it was true.
    * The plaintiff suffered significant emotional distress and loss of business opportunities as a direct result of the statement.
    * The defendant failed to verify the accuracy of the statement before publishing it, demonstrating negligence.

  • Element 4. The statement was in writing, printing, picture, effigy, or other fixed representation. To prove libel, the statement must be in a permanent form, like writing, printing, a picture, or any other fixed representation, meaning it can be seen and read, rather than just spoken or heard.

    Facts that might support this element look like:

    * The defendant published an article in a local newspaper that contained false statements about the plaintiff.
    * A social media post made by the defendant included defamatory remarks about the plaintiff’s character and business practices.
    * The defendant created a flyer that was distributed in the community, which falsely accused the plaintiff of criminal behavior.
    * An online blog post authored by the defendant contained written allegations that misrepresented the plaintiff’s professional qualifications.
    * The defendant sent an email to multiple recipients that included false and damaging statements about the plaintiff’s personal life.

  • Element 5. The statement was communicated to a third party. In a defamation case, “the statement was communicated to a third party” means that the harmful statement about someone was shared with at least one other person, not just kept private, which is necessary for the claim to be valid.

    Facts that might support this element look like:

    * The defendant shared the allegedly defamatory statement with a mutual friend during a conversation at a local café.
    * The statement was posted on the defendant’s public social media account, where it was visible to hundreds of followers.
    * The defendant sent an email containing the statement to several colleagues at work, discussing the plaintiff’s character.
    * The defendant made the statement during a public meeting, where attendees included individuals not involved in the dispute.
    * A local newspaper published an article that included the defendant’s statement about the plaintiff, reaching a wide audience.

  • Element 6. The communication of the false statement harmed the plaintiff. The plaintiff must show that the false statement caused them real damage, like losing a job or suffering emotional distress, proving that the harmful words had a negative impact on their life or reputation.

    Facts that might support this element look like:

    * The false statement was widely disseminated through social media, reaching thousands of individuals in the community.
    * The plaintiff experienced a significant decline in business revenue following the publication of the false statement.
    * The plaintiff received multiple negative comments and reviews online directly referencing the false statement.
    * The plaintiff’s reputation in their professional field was damaged, resulting in lost job opportunities and contracts.
    * The plaintiff suffered emotional distress and anxiety due to the public nature of the false statement.

(See California Civil Code Section 45. Taus v. Loftus (2007) 40 Cal.4th 683, 720 [54 Cal.Rptr.3d 775, 151 P.3d 1185]. Shively v. Bozanich, 80 P. 3d 676 – Cal: Supreme Court 2003.)
If you’re in court without a lawyer and plan to assert a Claim of Defamation – Libel, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your Defamation – Libel claim effectively.

Prove Your CA Defamation – Libel Claim

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