What are the elements of a defamation claim?

California, United States of America


The following excerpt is from Barasch v. Distribution, B275758, B277999 (Cal. App. 2018):

"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 injury or causes special damage." (Wong v. Jing (2010) 189 Cal.App.4th 1354, 1369.) Defamation does not exist without a falsehood. (Id. at p. 1370.)

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