What is the test for defamatory statements in a defamation action?

California, United States of America


The following excerpt is from Abraham v. Lancaster Community Hospital, 217 Cal.App.3d 796, 266 Cal.Rptr. 360 (Cal. App. 1990):

d) Division Four: Jordan v. Lemaire (1963) 222 Cal.App.2d 622, 625, 35 Cal.Rptr. 337 [To be protected by section 47, subdivision (2), the defamatory matter need not even be relevant or pertinent but must only " 'have some reference to the judicial function which the judge is performing' " and must [217 Cal.App.3d 817] not be " 'so palbably irrelevant to the subject matter of the controversy that no reasonable man can doubt its irrelevancy and impropriety.' "].

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