Elements of Defamation in CA

To establish a defamation claim in California, you must prove four facts:

1. That someone made a false statement of purported “fact” about you:
2. That the statement was made (“published”) to a third party;
3. That the person who made the statement did so negligently, recklessly or intentionally; and,
4. That as a result of the statement, your reputation was damaged.

California law recognizes two types of defamation: libel and slander. The main difference is whether a defamatory statement was made verbally (constituting slander) or in writing (constituting libel).