If you’re thinking about filing a defamation lawsuit in California, it’s crucial for you to understand and comply with the state’s filing deadline—called the “statute of limitations”—for this type of civil lawsuit.

In this article, we’ll cover defamation law basics, including California’s statute of limitations, why compliance with the statute of limitations is so important, and when the filing period may be extended.

California Defamation Law

In California, as in most states, written defamation is called “libel.” Spoken defamation is called “slander.”

Elements of a Defamation Lawsuit

In California, a plaintiff suing for defamation typically must show that the defendant:

• made a false statement of fact about the plaintiff
• the statement was made to a third party (someone other than the plaintiff), and
• the statement harmed the plaintiff’s reputation.

Private figures bringing a defamation lawsuit in California must also show that the defendant was careless (negligent) about whether the statement was true or false. Public figures and officials—politicians, celebrities, heads of major corporations—must show more than negligence. Public figures must show that the defendant acted with “actual malice” by making a statement knowing it was false or with reckless disregard for the truth.

Learn more about the elements of a defamation claim.

(Cal. Civ. Code §§ 44, 45, 46 (2022).)

Defamation Per Se

California law recognizes that some statements, called “defamation per se,” are so obviously harmful that plaintiffs don’t have to show that the statements actually caused them financial harm.

Examples of defamation per se include falsely stating that the plaintiff:

• committed a crime
• has a stigmatized disease
• lacks professional skills or ethics, or
• engaged in improper sexual conduct.

(Cal. Civ. Code §§ 44a, 48a (2022).)

Defenses to Defamation

California law allows defendants to raise several privileges and defenses in defamation cases. Most commonly, defendants argue that the allegedly defamatory statements were substantially true, the statements were an opinion, or that the person making the statement had the privilege to make it.

For example, the “fair report privilege” shields people who rely on official public documents or statements by public officials from liability for defamation. The fair report privilege is likely to apply to:

• testimony during a trial
• facts recorded in a final police report
• an analysis reported in a government document, or
• speeches made by politicians.

(Cal. Civ. Code §§ 47 (2022).)

California’s Filing Deadline for a Defamation Claim is one Year

You have one year to file a defamation (slander or libel) lawsuit in California. In most cases, the statute of limitations begins to run when the defendant first speaks or publishes an allegedly defamatory statement. In some cases, when a defamatory statement is hard to find or not a matter of public knowledge, it begins to run when the plaintiff discovers, or should have discovered, the defamatory statement.

California follows the “single publication” rule, which says that a publisher can only be sued— and the statute of limitations begins to run—over the original publishing of a text, not subsequent distributions or additional printings of the same statement. But if the statement is revised or repackaged for a new audience, a new statute of limitations period will likely begin.

(Cal. Civ. Code §§ 340(c), 3425.1-3425.5 (2022).)

Where Should I File a California Defamation Lawsuit?

Jurisdiction/Venue

There are limits to the legal authority of each court to hear and decide a case. For a court to be able to decide a case, it has to have jurisdiction.
Before you file your lawsuit, you need to figure out which court has:

• Jurisdiction over the person (or business or organization) you want to sue, called “personal jurisdiction;”
  AND
• Jurisdiction over the legal issue or dispute you are suing about, called “subject-matter jurisdiction.”

More than one court may have jurisdiction over a certain case.

Note: You cannot sue the federal government in state court. You can only sue the federal government or a federal agency in federal court.

Personal jurisdiction
The most common way to have personal jurisdiction over a person, a business or an organization is by suing where that person lives, or, for a business or organization, where they do business.

Personal jurisdiction
The most common way to have personal jurisdiction over a person, a business or an organization is by suing where that person lives, or, for a business or organization, where they do business.

In general, all California superior courts have jurisdiction over a person that lives in California or can be found in California, and businesses or organizations that do business in California. Before you file your lawsuit, you’ll need to figure out where to file it. If you are suing someone who lives in California or a company or organization that does business in California for defamation, a California superior court will have the authority to hear and decide your case. You’ll have to file your lawsuit in the county where the person or entity you are suing lives or does business.

(Cal. Civ. Code §§ 392 through 403 (2022); Johnson v. Superior Court of Fresno County, 232 Cal.App.2d 212 (Cal. Ct. App. 1965).)

You’ll have to file your lawsuit in the county where the person or entity you are suing lives or does business.

(Cal. Civ. Code §§ 392 through 403 (2022); Johnson v. Superior Court of Fresno County, 232 Cal.App.2d 212 (Cal. Ct. App. 1965).

Subject-matter jurisdiction
There are three types of subject matter jurisdiction:

• General Jurisdiction, which means that a court has the ability to hear and decide a wide range of cases. Unless a law or constitutional provision denies them jurisdiction, courts of general jurisdiction can handle any kind of case. The California superior courts are general jurisdiction courts.
• Limited Jurisdiction, which means that a court has restrictions on the cases it can decide. Small claims court is a court of limited jurisdiction. It can only hear and decide cases that claim damages of $10,000 or less. Limited civil courts can only hear and decide cases for up to $25,000.  While these are heard in California superior courts, the judge has to follow the jurisdictional limits in these cases.
• Exclusive Jurisdiction, which means that only a particular court can decide a case. For example, bankruptcy court is a court with exclusive subject matter jurisdiction. A person can only file a bankruptcy action in a federal bankruptcy court. State courts have no jurisdiction in bankruptcy cases.

If the main relief sought involves rights to real property, the action is considered “local” and venue is usually only appropriate in the county in which such real property is located. Code of Civil Procedure, Section 392(a)(1), if the real property extends into two or more counties, venue is proper in either of those counties.

If the main relief sought is personal in nature, such as pain and suffering or physical injuries, then the action is considered “transitory”, and the general standard calls for the action to be heard in the area in which the defendant resides.

“Except as otherwise provided by law and subject to the power of the court to transfer … the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” Code of Civil Procedure, Section 395(a); see Brown v. Sup.Ct. (C.C. Myers, Inc.) (1984) 37 Cal. 3d 477, 483.

As you can see, sometimes several venues are appropriate at the time the original complaint is filed. Proper motion to the Court can result in transfer of the case to a proper venue, and the attorney choosing the improper venue can be ordered to pay sanctions to the moving party.  According to Code of Civil Procedure, Section 396b(b), those “expenses and fees shall be the personal liability of the attorney not chargeable to the party.” source

“when the court designated in the complaint is not the proper court.” [CCP §§ 396b, 397(a) (emphasis added)] Diamond PEO, LLC vs. Deluca

The purpose of venue rules is to give defendant some control in the choice of the forum. Otherwise, plaintiff might file the action in some remote county where it would be difficult or impractical for defendant to defend. (Smith v. Smith (1891) 88 Cal. 572, 576; Alexander v. Sup.Ct. (The Brix Group, Inc.) (2003)114 Cal. App. 4th 723, 731.)

Change of Venue is needed for his meritless case

For venue purposes, actions are classified as “local” or “transitory.” To determine whether an action is local or transitory, the court looks to the “main relief’ sought. Where the main relief sought is personal, the action is transitory. Where the main relief relates to rights in real property, the action is local. (Brown v. Sup.Ct. (C.C. Myers, Inc.) (1984) 37 Cal.3d 477, 482, fn. 5.)

Pursuant to Defendant’s notice of motion, We seek to transfer venue to Kern County Superior Court based upon the fact that Defendant resides in that county and the real property is also in this county.

If plaintiff has failed to heed the venue rules and defendant makes a timely motion, the court must order the action transferred to any “proper” county requested by defendant. (This is true even if there is a basis for retransferring the action back to the county where filed, on grounds of “convenience of witnesses’.) Cholakian & Assocs. v. Sup.Ct. (McDonold) (2015) 236 Cal. App. 4th 361, 373, (citing text)].

396b. (e) If the motion to transfer is denied, the court shall allow the defendant time to move to strike, demur, or otherwise plead if the defendant has not previously filed a response.(Amended by Stats. 2005, Ch. 706, Sec. 10. Effective January 1, 2006.)

Newman v. County of Sonoma, supra, held that the procedural requirements of section 396b do not govern a motion pursuant to section 394 of the Code of Civil Procedure. (See 1 Chadbourn, Grossman & Van Alstyne, California Pleading, § 403 (Supp. 1962).) The case does not specifically mention section 396b of the Code of Civil Procedure. But it holds that a motion for change of venue under [226 Cal. App. 2d 253] section 394 of the Code of Civil Procedure need be made only within a reasonable time. Since section 396b requires that a motion to change venue be made at the time of filing the answer or demurrer, the court’s ruling that the motion under section 394 of the Code of Civil Procedure is governed by a reasonable time is tantamount to holding that section 396b of the Code of Civil Procedure does not control section 394 motions.

Smith v. Superior Court Striking plaintiff’s prayer for punitive damages where the complaint was “devoid of any factual assertions supporting a conclusion petitioners acted with oppression, fraud or malice”

Channell v. Superior Court – section 395, opens with this declaration: “In all other cases, except as in this section otherwise provided, and subject to the power of the court to transfer actions or proceedings as provided in this title, the county in which the defendants, or some of them, reside at the commencement of the action, is the proper county for the trial of the action.”

How Much Is a Typical Defamation Case Worth in California?

No two defamation cases are the same, so it’s impossible to say how much a typical defamation case is worth.

Some California plaintiffs receive millions of dollars in damages. For example, in October 2021, a Glenn County jury awarded nearly $40 million to Dalas Gundersen, a former Edward Jones broker. Gundersen was defamed by his former colleagues at Edward Jones who posted fake sex ads on Craigslist with Gundersen’s business phone number and physical description.

But most defamation cases don’t end in multimillion-dollar awards. Some plaintiffs lose their cases and get nothing. Others win and get only nominal damages as low as $1. Still others end up with a satisfying court award or settlement. The value of each lawsuit depends on the individual facts and circumstances of the case.

The three most common categories of damages in defamation cases include:

• special damages (economic losses, like lost income and diminished earning capacity)
• general damages (non-economic losses like “pain and suffering”), and
• punitive or exemplary damages.

Learn more about damages in a defamation case.

Click below to learn how much and how much you cant! below

$3.5 Million Emotional Distress Award Was “Shockingly Disproportionate” To Evidence Of Harm

Are Defamation Cases Hard to Win in California?

Defamation lawsuits are hard to win in California, particularly defamation lawsuits brought by public figures. Defamation laws have to balance your right to defend your reputation against someone else’s right to free speech.

People accused of defamation often defend themselves by claiming that the statements were true or that they were just stating an opinion and not a fact. Slander lawsuits tend to be harder to prove than libel because you have to track down witnesses who will testify about what they heard someone say about you rather than having the statement in writing.

Defamation lawsuits are complex and time-consuming. Most people don’t have the money to fund a lengthy lawsuit and some lawyers might not be willing to take defamation cases on a contingency fee basis because of the risks involved.

Extending California’s Statute of Limitations Deadline for Defamation Lawsuits

Remember, in most defamation cases in California, the statute of limitations begins to run when the defendant first makes the allegedly defamatory statement. But several situations can delay or pause the statute of limitations “clock” for defamation lawsuits. Here are a few examples:

• If a defamatory statement is hard to discover or not a matter of public knowledge, the “delayed discovery rule” provides that the limitations period begins to run when the plaintiff learns, or should have learned, of the existence of the defamatory statement.
• If a defendant leaves California the one-year statute of limitations is suspended during the absence.
• If the potential plaintiff is under the age of 18 or lacks the legal capacity to make decisions when defamatory statements are made, the time of the disability is not included in the one-year statute of limitations period.

(Cal. Civ. Code §§ 340(c), 351, 352 (2022).)

What If You Miss the Filing Deadline?

If you try to file a defamation lawsuit in California more than one year after the defamatory statements were first made, and no exception applies to extend the statute of limitations deadline, your lawsuit will be dismissed.

You will not only lose your chance to get compensation for your losses in court, but you’ll also lose leverage in out-of-court settlement negotiations. If the other side knows that the statute of limitations deadline is near or has already passed, the likelihood of resolving your case is slim to none.

If you have questions about how California’s statute of limitations applies to your potential defamation lawsuit—especially if the one-year deadline has passed or is looming—it’s time to discuss your situation with a knowledgeable California attorney.

Next Steps

As you can see, defamation is a complicated area of law. A lawyer can help you sort out whether you can prove you’ve been the victim of libel or slander and how long you have to file a lawsuit to restore your reputation and get compensation for your losses. source