What is the burden of proving the falsity of a defamation claim?

"When the speech involves a matter of public concern, a private-figure plaintiff has the burden of proving the falsity of the defamation. [Citation.]" (Brown v. Kelly Broadcasting Co. (1989) 48 Cal.3d 711, 747.) The trial court did not, as appellants assert, "turn[] this burden on its head . . . by rejecting [their] anti-SLAPP motion because the court was unable to determine 'that all the alleged defamatory statements are true.'" The trial court acknowledged that "[t]he burden is on a plaintiff . . . to proffer a prima facie showing of facts supporting a judgment in plaintiff's favor." It cited falsity as one of the "essential elements" of defamation and explained that "[Tenborg] must establish . . . that the statements are false." Tenborg provided evidence of falsity, which appellants attempted to refute with conflicting evidence. Because the trial court found that "[t]here is substantial evidence to support [his] allegations which, if believed, would support a finding of liability," it could not "determine, as a matter of law on this motion,

Page 7

that all the alleged defamatory statements are true." This analysis was sound. (See Hawran v. Hixson, supra, 209 Cal.App.4th at p. 293 [performing similar analysis].)