California, United States of America
The following excerpt is from Rasheed v. Banning Unified Sch. Dist., E053727 (Cal. App. 2012):
"The elements of a defamation claim are (1) a publication that is (2) false, (3) defamatory, (4) unprivileged, and (5) has a natural tendency to injure or causes special damage. [Citation.]" (Wong v. Tai Jing (2010) 189 Cal.App.4th 1354, 1369.) "The crucial question in this case is whether the statement at issue was a statement of fact or a statement of opinion. This is a question of law to be decided by the court. [Citations.] In making such a determination, the court must place itself in the position of the hearer or reader, and determine the sense or meaning of the statement according to its natural and popular construction. [ Citation.] '"That is to say, the publication is to be measured not so much by its effect when subjected to the critical analysis of a mind trained in the law,
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