What is the burden of proving the falsity of statements?

California, United States of America


The following excerpt is from Indus. Waste & Debris Box Serv., Inc. v. Murphy, 208 Cal.Rptr.3d 853, 4 Cal.App.5th 1135 (Cal. App. 2016):

statements did not address matters of public concern. Because we conclude that it did, plaintiff has the burden of proving the falsity of the statements it contends are tortious. We turn now to whether it has met that burden. In evaluating this question, we are mindful that the requisite showing need not be overwhelming or even strong. But evidence of falsity must be minimally sufficient to support a verdict in a plaintiff's favor on the point. (Taus v. Loftus (2007) 40 Cal.4th 683, 745, 54 Cal.Rptr.3d 775, 151 P.3d 1185 [plaintiff must demonstrate that the complaint is both legally sufficient

[4 Cal.App.5th 1157]

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