What is the burden of proving malice against a defendant in a civil case?

Under Civil Code section 47, subdivision (c), defendant generally bears the initial burden of establishing that the statement in question was made on a privileged occasion, and thereafter the burden shifts to plaintiff to establish that the statement was made with malice. (Lundquist v. Reusser (1994) 7 Cal.4th 1193, 1202, 31 Cal.Rptr.2d 776, 875 P.2d 1279.) A plaintiff must show actual malice that the conduct was motivated by hatred or ill will. (Taus, supra, 40 Cal.4th at p. 722, 54 Cal.Rptr.3d 775, 151 P.3d 1185.)

[241 Cal.App.4th 91]