“Defamation is a false, unprivileged and defamatory statement about an individual and may consist of either libel or slander. The essence of the tort is injury to reputation.”
“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.’ Libel is ‘per se’ if the statement is defamatory on its face and nothing needs to be added to make its defamatory meaning understood. Libel per quod is all libel that is not libel per se.”
“Slander is ‘a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means,’ that accuses a person of criminal activity, disease, impotence or unchastity; that injures the person in his or her business; or that causes the person actual damage. Slander is ‘per se’ if it charges plaintiff with any of the following: [criminal activity, contagious, infectious or loathsome disease, unethical/incompetent business conduct, and impotence or unchastity]. A slander that does not fit into any of the four statutory categories is slander per quod.”
“A special, summary motion to strike is authorized against so-called ‘SLAPP’ suits [‘Strategic Lawsuit Against Public Participation’]—i.e., lawsuits brought ‘primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for the redress of grievances’ [CCP sec. 425.16[a]]. Defamation claims are a ‘prime target’ of anti-SLAPP motions.”
“An action for libel or slander must be brought within one year. The claim accrues when the defamatory statement is first published or generally distributed to the public.”
“Compensatory and punitive damages may be awarded. Injunctive relief may also be ordered, particularly to enjoin future repetition of specific statements already determined to be defamatory.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
