California, United States of America
The following excerpt is from Mazgani v. Moda, B291721 (Cal. App. 2020):
"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." (Wong v.
Page 7
Jing (2010) 189 Cal.App.4th 1354, 1369.) "When a defamation action is brought by a public figure, the plaintiff, in order to recover damages, must show that the defendant acted with actual malice in publishing the defamatory communication. [Citation.] Because of this increased burden, defendants in defamation actions . . . obviously attempt to establish that the plaintiff was such a public figure." (Denney v. Lawrence (1994) 22 Cal.App.4th 927, 933.)
"There are two types of public figures: 'The first is the "all purpose" public figure who has "achieve[ed] such pervasive fame or notoriety that he [or she] becomes a public figure for all purposes and in all contexts." The second category is that of the "limited purpose" or "vortex" public figure, an individual who "voluntarily injects himself [or herself] or is drawn into a particular public controversy and thereby becomes a public figure for a limited range of issues."' [Citation.]' . . . ." (Sipple v. Foundation for Nat. Progress (1999) 71 Cal.App.4th 226, 247.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.