Everything you need to know about a Defamation Case
What is California’s Filing Deadline for a Defamation Claim ?
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).)
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Everything you need to know about a Defamation Case
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Where Should I File a California Defamation Lawsuit?
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).)
Like most injury claims, defamation claims are often subject to time limits known as statutes of limitations. The following list provides each state’s statute of limitations on defamation causes of actions (claims).
| ALABAMA | A two-year statute of limitation applies to defamation actions. |
| ALASKA | A two-year statute of limitation applies to defamation actions. |
| ARIZONA | A one-year statute of limitation applies to defamation actions. |
| ARKANSAS | A one-year statute of limitation applies to slander actions, while a three-year statute of limitation applies to libel actions. |
| CALIFORNIA | A one-year statute of limitation applies to defamation actions. |
| COLORADO | A one-year statute of limitation applies to defamation actions. |
| CONNECTICUT | A two-year statute of limitation applies to defamation actions. |
| DELAWARE | A two-year statute of limitation applies to defamation actions. |
| DISTRICT OF COLUMBIA | A one-year statute of limitation applies to defamation actions. |
| FLORIDA | A two-year statute of limitation applies to defamation actions. |
| GEORGIA | A one-year statute of limitation applies to defamation actions. |
| HAWAII | A two-year statute of limitation applies to defamation actions. |
| IDAHO | A two-year statute of limitation applies to defamation actions. |
| ILLINOIS | A one-year statute of limitation applies to defamation actions. |
| INDIANA | A two-year statute of limitation applies to defamation actions. |
| IOWA | A two-year statute of limitation applies to defamation actions. |
| KANSAS | A one-year statute of limitation applies to defamation actions. |
| KENTUCKY | A one-year statute of limitation applies to defamation actions. |
| LOUISIANA | A one-year statute of limitation applies to defamation actions. |
| MAINE | A two-year statute of limitation applies to defamation actions. |
| MARYLAND | A one-year statute of limitation applies to defamation actions. |
| MASSACHUSETTS | A three-year statute of limitation applies to defamation actions. |
| MICHIGAN | A one-year statute of limitation applies to defamation actions. |
| MINNESOTA | A two-year statute of limitation applies to defamation actions. |
| MISSISSIPPI | A one-year statute of limitation applies to defamation actions. |
| MISSOURI | A two-year statute of limitation applies to defamation actions. |
| MONTANA | A two-year statute of limitation applies to defamation actions. |
| NEBRASKA | A one-year statute of limitation applies to defamation actions. |
| NEVADA | A two-year statute of limitation applies to defamation actions. |
| NEW HAMPSHIRE | A three-year statute of limitation applies to defamation actions. |
| NEW JERSEY | A one-year statute of limitation applies to defamation actions. |
| NEW MEXICO | A three-year statute of limitation applies to defamation actions. |
| NEW YORK | A one-year statute of limitation applies to defamation actions. |
| NORTH CAROLINA | A one-year statute of limitation applies to defamation actions. |
| NORTH DAKOTA | A two-year statute of limitation applies to defamation actions. |
| OHIO | A one-year statute of limitation applies to defamation actions. |
| OKLAHOMA | A one-year statute of limitation applies to defamation actions. |
| OREGON | A one-year statute of limitation applies to defamation actions. |
| PENNSYLVANIA | A one-year statute of limitation applies to defamation actions. |
| RHODE ISLAND | A one-year statute of limitation applies to slander actions. A three-year statute of limitation applies to libel actions. |
| SOUTH CAROLINA | A two-year statute of limitation applies to defamation actions. |
| SOUTH DAKOTA | A two-year statute of limitation applies to defamation actions. |
| TENNESSEE | A six-month statute of limitation applies to slander actions. A one-year statute of limitation applies to libel actions. |
| TEXAS | A one-year statute of limitation applies to defamation actions. |
| UTAH | A one-year statute of limitation applies to defamation actions. |
| VERMONT | A three-year statute of limitation applies to defamation actions. |
| VIRGINIA | A one-year statute of limitation applies to defamation actions. |
| WASHINGTON | A two-year statute of limitation applies to defamation actions. |
| WEST VIRGINIA | A one-year statute of limitation applies to defamation actions. |
| WISCONSIN | A three-year statute of limitation applies to defamation actions. |
| WYOMING | A one-year statute of limitation applies to defamation actions. |
Important Distinctions in State Laws
Keep in mind that the statute of limitations deadline differs depending on the type of case. For instance, Florida’s two-year period to file is distinct to defamation actions. Florida statutes for other kinds of cases, like premises liability or wrongful death claims, are different. That’s because personal injury statutes of limitations depend on the underlying tort in a civil case.
Let’s consider another example. A false imprisonment or medical malpractice claim is completely different from a defamation cause of action. This is true even if these separate allegations arise from the same fact pattern or occurrences. Suppose a doctor falsely imprisoned a patient and performed an illegal surgery on them. In response, the patient may later defame the doctor. A different limitations period will apply to each wrong act, even though they all arise from the same event. Therefore, it stands to reason that states created different limitations periods for different torts.
Sometimes, a limitations period may be tolled. Tolling refers to a temporary suspension of the filing deadline. Depending on your state, this can happen for a number of reasons, including:
- Agreement by the parties or personal injury lawyers in a case
- Compliance with discovery rules during litigation
- Temporary insanity or imprisonment of a party
- Later discovery of a claim despite a plaintiff’s reasonable diligence
- The claimant’s status as an underage minor
- The unavailability of a party
Separately, criminal cases have their own applicable statute of limitations laws. This is an important distinction. Certain torts can be tried in criminal cases rather than civil cases. For example, civil sexual abuse limitations periods are distinct from their criminal counterparts. Tolling may apply to both civil and criminal statutes of limitations.
Learn More About Defamation Laws
Whether it’s written or uttered out loud, defamation can have serious and lasting effects on one’s reputation. A personal injury claim for defamation can even affect one’s emotional well-being, which can be just as bad as bodily injury.
Personal injury lawsuits for defamation must be filed within the applicable time period. That means if you’re considering a civil action for defamation, you’ll need to act within your state’s statute of limitations. Don’t delay — speak with a local defamation attorney to learn more. A personal injury attorney who practices defamation law will be able to help you enforce your legal rights. source
Defamation Statute of Limitations
The statute of limitations for defamation lawsuits in California is one year, per California Code of Civil Procedure section 340(c). This means that you must file a lawsuit within one year of the date the alleged defamatory statement was made. It is not permitted to file a second lawsuit if the plaintiff repeats or republishes the statement within a year. If you wait longer than one year, you may be unable to file a lawsuit at all.
Types of Defamation
- Libel Defamation: Libel defamation is a written statement that is published and is considered to be defamatory. The Californian California Civil Code section 45 defines “Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.”
- Slander Defamation: According to California Civil Code section 46, slander defamation is “a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which:
- Charges any person with crime, or with having been indicted, convicted, or punished for crime;
- Imputes in him the present existence of an infectious, contagious, or loathsome disease;
- Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;
- Imputes to him impotence or a want of chastity; or
- Which, by natural consequence, causes actual damage.”
- Disparagement: Disparagement is a form of defamation that is not included in the three main types. It is defined as a statement that harms the reputation of someone else. This type of defamation can be either oral or written. It may also be published or not published. Unlike libel and slander, there is no requirement that the statement be false in order to constitute disparagement.
Defenses Against Defamation Lawsuit In California
There are several defenses that can be used in a defamation lawsuit in California. The most common defenses are truth, opinion, and privilege.
- Truth: If the defendant can prove that the statement is true, then they will be able to defeat a defamation lawsuit.
- Opinion: Opinion is a defense to defamation if the statement is not factually based. In order to be successful with this defense, the defendant must show that the statement was their honest opinion and not based on any facts.
- Privilege: Several types of privilege can be used as a defense in a defamation lawsuit. Some of these include absolute privilege, qualified privilege, and fair report privilege.
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- The fair report privilege (also sometimes called the public proceedings or public records privilege) protects the news media from being successfully sued for libel when they publish fair and accurate accounts of information contained in official documents or statements made during official proceedings.
- Qualified privilege is a defense in a defamation lawsuit that allows someone to make a statement that would normally be considered defamatory, but is not because of certain circumstances. This defense applies when the person making the statement has a legal, moral, or social duty to make it, and the recipient has a corresponding interest in receiving it.
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Absolute privilege is a legal defense that protects an individual from liability for defamatory statements in certain circumstances. It applies to statements made in certain contexts or venues, and is generally reserved for communications made by people participating in a public function. For example, absolute privilege applies to:
- Witnesses, attorneys, and judges during judicial proceedings
- Certain government officials while they are doing their jobs source
What Is Jurisdiction?
Personal jurisdiction is an incredibly important piece of the puzzle when putting together a lawsuit. It boils down to is a court’s ability to exercise its power over an entity, whether that is a person, business, trust, etc.
For example, say you are a Maryland resident, it would feel unfair if an Oklahoma court could render a judgment over you if you have no connections to that state. That is where the doctrine of jurisdiction comes into play: it is all about the court’s ability to bring you under its power.
So what gives a court the ability to exercise jurisdiction over you? Contacts. Specifically, contacts with that court’s geographic jurisdiction.
One of the easiest contacts a court can use is residency or domicile. If you are a resident of a state or intend to make your home there, it makes sense that you have “submitted yourself to the sovereign” that is that state, meaning their courts can exercise jurisdiction over you.
But jurisdiction can also come into play if you have contacts within a certain location other than your home state. So say you are a Maryland resident, but you run a business in Oklahoma and spend a couple of months of the year there running it. Then it would seem more appropriate for Oklahoma courts to exercise their power over you since you operate a business within its borders.
Personal Jurisdiction and Personal Injury
In personal injury cases, personal jurisdiction only matters for the defendant. The American justice system allows the plaintiff to choose his or her forum, meaning that they can submit to the jurisdiction of any forum so long as that forum also has personal jurisdiction over the defendant.
This is where the notion of “forum shopping” comes into play and venue v. jurisdiction. A plaintiff will obviously pick the forum they feel is most strategically beneficial for their case.
What Is Venue?
Venue
While jurisdiction says in what state and what court you file your lawsuit, “venue” is the county where you file your action.
Usually, venue is in the county where:
- The person you are suing lives or does business (if you are suing a business or organization); or
- The dispute arose, like where an accident happened, or where a contract was entered into or broken. source
Venue should be thought of as a subset of jurisdiction. While personal jurisdiction is crucial to a court actually having the power to make a judgment, venue is more concerned about geographical convenience.
While each state is thought of as its own jurisdiction, there are multiple proper “venues” within each state where a case could be heard. For example, within the jurisdiction of Maryland, there are 24 separate venues (23 counties and Baltimore City.) So after it is determined that a State has personal jurisdiction over the defendant, you also have to figure out in which venue proceedings will take place.
Determining venue often looks similar to the process of figuring out personal jurisdiction, though the rules are not as strict since a state can exercise the same laws regardless of the selected venue.
For example, take a car accident case that occurred in Worcester County, Maryland with a defendant who lives in Baltimore City. Even though proper venue might be proper in Baltimore City, chances are all the witnesses and evidence will be in Worcester County. It would be a huge pain for all the witnesses to have to travel to Baltimore for the trial, and it would be even more annoying to haul the evidence all the way from Worcester County as well.
So at the end of the day, even if the case was properly filed in Baltimore City, the defendant could ask the court to move the case to Worcester County purely on convenience grounds. Because Maryland law still governs regardless of which venue is ultimately selected, personal jurisdiction is not a concern.
What Is the Difference Between Jurisdiction and Venue?
In the law, the difference between jurisdiction and venue is whether jurisdiction is whether the court has power over the parties and venue is the city, county, state, or country where a lawsuit is being heard. In the vernacular, there is no distinction between jurisdiction and venue.
Jurisdiction and venue often arise in the context of “forum shopping” when filing lawsuit.
Unquestionably, it is better to file a lawsuit in some places compared to others and good lawyering requires careful consideration of venue and jurisdiction and the distinction between the two.
In many jurisdictions, like Maryland and Virginia, one or two places tend to be the preferred stop for plaintiffs’ lawyers for personal injury lawsuits.
To better understand “forum shopping,” you have to understand the concept of a “forum” in the first place, which requires an understanding of the difference between personal jurisdiction and venue. Before we distinguish jurisdiction from venue, let’s talk about them both.
The Law to Determine Venue
Most states have similar laws when it comes to disputes as to what is the appropriate venue. In Maryland, a variety of factors are weighed to determine the venue that best serves “the convenience of the parties and witnesses and serves the interests of justice” under Maryland Rule 2-327(c).
These factors include:
- the relative ease of access to sources of proof
- availability of compulsory process for attendance of unwilling witnesses
- the cost of obtaining the attendance of willing witnesses
- possibility of view of premises (the subject of the action or where the incident occurred), if view would be appropriate to the action
- all other practical problems that make trial of a case easy, expeditious, and inexpensive with the “public interests of justice,” such as
- considerations of court congestion
- the burden of jury duty
- local interest in the matter at hand.”
Defining Venue
The term venue refers to a proper place (county or judicial district) in which to file a lawsuit. Venue rules are developed by state courts to protect the defendant from having a case filed in an inconvenient court (for example, at the other end of the state).
Finding the Proper Venue
For venue purposes, the correct judicial district can normally be the district in which:
- the defendant resides or does business
- a contract was signed
- a contract was to be carried out
- an auto accident took place, or
- other events leading up to the lawsuit took place. source
Choosing a Venue
More than one judicial district can be the correct venue for a lawsuit. Lawyers call the process of deciding which court is best for a plaintiff’s case “forum shopping.”
As long as you abide by the above rules, you can choose the court most convenient to you. But if you don’t want the defendant to object to your choice, you may want to file the lawsuit in the court closest to where the defendant lives or does business.
General Rules Governing Venue
Pursuant to Code of Civil Procedure section 392 et. seq., a party may file an action where any one of the named defendants resides or does business and/or where the incident in question occurred. Thus, in the situation involving multiple parties, venue may be proper in more than one county. Under section 397, subdivision (a), “[w]hen the court designated in the complaint is not the proper court,” the court may “change the place of trial.” (See also Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2003) ¶ 3:550, p. 3-130 (Weil & Brown).) In addition, under section 397, subdivision (c), the court has discretion to transfer the case to another county “[w]hen the convenience of witnesses and the ends of justice would be promoted by the change,” even if the complaint was filed in a “proper” county. (Id. at ¶ 3:553, p. 3-130.1.) It is the second type of motion that is at issue here.
If the majority of witnesses reside in the county to which the party seeks to move the case, the court will give this high consideration. “A conclusion that the ends of justice are promoted can be drawn from the fact that by moving the trial closer to the residence of the witnesses, delay and expense in court proceedings are avoided and savings in the witnesses’ time and expenses are effected.” (Pearson v. Superior Ct., City & City of San Francisco (1962) 199 Cal.App.2d 69, 77.)
Availability of Remote Testimony Is Not a Controlling Factor
In Ryck v. Superior Court of San Francisco County (2022) 81 Cal.App.5th 824, the California Court of Appeal held that the San Francisco Superior Court abused its discretion when it denied a motion to transfer venue from San Francisco to San Diego, where the motor vehicle accident at issue in the case occurred. Although most witnesses were located in California, the trial court relied on the fact the Legislature statutorily provided for remote testimony through July 1, 2023 as the primary basis for maintaining the case in San Francisco. In a published decision, the Court of Appeal reversed, ruling that the remote testimony rules may not be used as a basis to maintain a venue that does not further the interests of justice, which is the key consideration in change of venue motions.
Gallin v. Superior Court (Jeffrey) (1991)
Sandy Gallin and others (collectively Gallin) seek extraordinary relief after the court denied their motion to transfer venue. Gallin contends Los Angeles County is the proper venue because “some” individual defendants reside there, no corporate defendant has its principal place of business in San Diego County, and a “single retail sale” in San Diego is insufficient for venue in a consumer remedy class action. We determine the venue provision of the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.) does not override the general rule a defendant is entitled to have an action tried in the county of his or her residence. Accordingly we grant the petition and vacate the stay. The court ordered a peremptory writ issue directing the superior court to vacate its order denying the motion to transfer venue and enter a new order granting the motion. The stay issued by order dated February 8, 1991, is vacated.
What Is Abuse of Discretion?
Abuse of discretion is whether a judge’s ruling is arbitrary or unreasonable. So the appellate judge do not do what they think is best. Instead, they are looking at whether a reasonable judge could have ruled as the judge did. Maryland law describes this as the “decision under consideration has to be well removed from any center mark imagined by the reviewing court and beyond the fringe of what the court deems minimally acceptable. So a court’s decision on venue can only be reversed if the “ruling either does not logically follow from the findings upon which it supposedly rests or has no reasonable relationship to its announced objective.” source
How Long Do I Have to File a Defamation Lawsuit in California?
Under California law, you typically have one year to file a defamation lawsuit.
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