Defamation means ruining one's reputation by making false statements. There are two categories of defamation: written, referred to as Libel, and oral referred to as Slander.

Trade Libel is also a form of defamation, when the false statement is made about a business.

California Civil Code § 45 provides: "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."

California Civil Code § 46 states: "Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which:

1. Charges any person with crime, or with having been indicted, convicted, or punished for crime;
2. Imputes in him the present existence of an infectious, contagious, or loathsome disease;
3. 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;
4. Imputes to him impotence or a want of chastity; or
5. Which, by natural consequence, causes actual damage.

Damages are presumed when one is accused of any of the above four things. The way one can defend against the Defamation action is by proving that the statement made was true and not false. Further in cases involving public concern, the First Amendment protection applies to non-media defendants, putting the burden of proving falsity of the statement on the plaintiff. Nizam-Aldine v. City of Oakland (1996) 47 Cal.App.4th 364, 375.

California's defamation statute of limitations is one year. The only way for you to know for sure that your statute of limitations has not run out is to speak with one of our San Diego defamation attorneys as soon as possible.

Call us today for a free, no obligation consultation the Law Office of Ilona Antonyan, APC at 619-696-1100.