How To Prove A California Defamation – Slander Claim

In California, a claim of Defamation – Slander is defined as:
Slander occurs when, by way of oral or spoken communication, one makes a defamatory, malicious or false statement about another that damages their reputation and subjects them to hatred, contempt, or ridicule.
It simply means:
An untrue statement spoken publicly to damage someone else’s reputation.
There are 5 elements of the claim:
- Element 1. The defendant made a false statement. The defendant said something untrue about the plaintiff that could harm their reputation, which is a key part of a defamation claim for slander.
Facts that might support this element look like:
* The defendant publicly claimed that the plaintiff was involved in criminal activity, despite having no evidence to support this assertion.
* The defendant stated that the plaintiff had been fired from their job for misconduct, which was untrue and easily verifiable.
* The defendant spread rumors that the plaintiff was untrustworthy in business dealings, damaging the plaintiff’s professional reputation.
* The defendant falsely accused the plaintiff of cheating in a competition, leading to significant harm to the plaintiff’s standing in the community.
* The defendant claimed that the plaintiff had a history of dishonesty, which was completely fabricated and contradicted by the plaintiff’s record. - Element 2. The statement was unprivileged. In a defamation case, saying a statement is “unprivileged” means it wasn’t protected by law, like certain official communications, so the person who made the statement can be held responsible for spreading false information that harms someone’s reputation.
Facts that might support this element look like:
* The statement was made publicly during a community meeting, where no confidentiality was expected or maintained.
* The speaker had no personal knowledge of the facts and relied on hearsay to make the statement.
* The statement was not made in the context of a legal proceeding or other privileged setting.
* The individual who made the statement had no duty to report the information and was not acting in an official capacity.
* The statement was shared on social media, reaching a wide audience without any protective privilege. - Element 3. The statement was communicated to a person other than the plaintiff. In a defamation case, slander occurs when someone makes a false statement about another person that harms their reputation, and this statement is shared with someone else, not just the person being accused.
Facts that might support this element look like:
* The defendant made the allegedly defamatory statement during a public meeting attended by several individuals, including employees and community members.
* The statement was shared in a group chat that included multiple people, none of whom were the plaintiff.
* The defendant posted the statement on social media, where it was visible to the plaintiff’s friends and followers.
* A witness testified that they overheard the defendant discussing the statement with a third party at a local café.
* The defendant sent an email containing the statement to a colleague, who then forwarded it to others in the workplace. - Element 4. The statement was defamatory. A statement is considered defamatory if it falsely harms someone’s reputation, suggesting they are untrustworthy or immoral, and can lead others to think less of them, which can cause personal or professional damage.
Facts that might support this element look like:
* The statement falsely accused the plaintiff of committing a crime, damaging their reputation in the community.
* The statement was made publicly, reaching a wide audience and causing harm to the plaintiff’s personal and professional relationships.
* The statement was presented as a fact, despite the defendant knowing it was untrue, demonstrating a reckless disregard for the truth.
* The plaintiff suffered emotional distress and financial loss as a direct result of the defamatory statement.
* The statement was made with malice, intending to harm the plaintiff’s reputation and standing in the community. - Element 5. The statement had a natural tendency to injure or cause special damage. This means that the statement was likely to harm someone’s reputation or cause them specific harm, such as losing a job or business, making it a key part of proving that the statement was defamatory.
Facts that might support this element look like:
* The statement falsely accused the plaintiff of theft, damaging their reputation in the community and leading to social ostracism.
* Following the statement, the plaintiff lost a significant business contract due to concerns about their integrity.
* The statement was shared widely on social media, resulting in numerous negative comments and public backlash against the plaintiff.
* The plaintiff experienced emotional distress and anxiety as a direct result of the defamatory statement, impacting their daily life.
* The statement led to the plaintiff being denied a promotion at work, as it raised doubts about their character and reliability.
(See 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 – Slander, 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 case effectively.
Prove Your CA Defamation – Slander Claim
U.S. Civil Cases Only