Defamation Cases in Small Claims Court (California)

When someone makes false statements about another person or company that can be proven as factually untrue and cause harm, it may be considered defamation. The harmed party can ask the court for compensation.

Examples of defamation:

Slander: False verbal statements that spread rumors about you.
Libel: Defamatory written statements in newspapers, magazines, online posts, text messages, or emails.
Social Media Posts: Defamatory statements on social media.
False Reviews: Fake negative reviews damaging your business's reputation.
Employment References: Providing false information to potential employers harming your job prospects.

🛈 Note that different states may have different laws about causes of actions and elements. This article is based on California law, please review your state law.

Defamation per se or Defamation per quod:

This article focuses on two types of defamation cases: Defamation per se and Defamation per quod. It is important to classify your type of defamation case because the elements to win your case will be different based on the type of defamation.

Defamation per se cases involve inherently harmful statements to a person/company’s reputation where the defamatory character is apparent. Harm is presumed without additional proof.
Learn more about winning a Defamation per se case.
Defamation per quod cases involve statements that may not be inherently defamatory. The Plaintiff must provide additional evidence to show that false statements caused harm. Harm is not presumed–the Plaintiff must prove actual harm and damage caused by the defamatory statement.
Learn more about winning a Defamation per quod case.

Defamation cases in this article involve private figures and private concerns. Different elements must be proven in cases involving public figures and public concerns.

Elements of Defamation per se

To win a Defamation per se case in court, you need to show that the following legal elements are true:

Defamatory Statement: The Defendant’s statement(s) was a statement of a false fact about you, or a statement containing an implication of a false fact about you. If the statement does not mention you by name, it must be proven that it was made concerning you.
How to prove defamatory statement.
Publication: The Defendant made the statement to a person or persons other than you.
How to prove publication.
Identification: This person or these people reasonably understood that the statement was about you.
How to prove identification.
Interpretation Leading to Identification (if the statement is not obviously defamatory): This person or these people reasonably understood the statement to mean something about you that is not actually true.
How to prove interpretation.
State of Mind: The Defendant failed to use reasonable care to determine the truth or falsity of the statement (however, if the Defendant defends that their statement is protected by a privilege, this element instead requires proof that the statement was made with malice).
How to prove state of mind.
Damages: You may recover the following types of damages, depending on what you are able to prove:

Actual Damages: If you can prove the above elements, you are entitled to recover your actual damages if you also prove that the Defendant’s wrongful conduct was a substantial factor in causing any of the following: harm to your property, business, trade, profession, or occupation; expenses you had to pay as a result of the defamatory statements; harm to your reputation; or your shame, mortification or hurt feelings.
Assumed Damages: Or, if you cannot prove actual damages but can prove the elements above, then the law assumes that you have been harmed and you are automatically entitled to a nominal sum of money (unless the statement is not obviously defamatory).
Punitive Damages: Finally, if you can prove by clear and convincing evidence that the Defendant acted with malice, oppression, or fraud, you may also recover damages to punish the Defendant.
How to prove damages.

Example of Defamation per se

Your community has a recreation center for everyone who lives in the neighborhood. Someone committed a crime at the recreation center by vandalizing the pool area and stealing money from the snack bar. The Defendant is a neighbor who also manages the pool, and in front of a large group of neighbors at the recreation center, they accused you of vandalizing the pool area and stealing the money. This defamatory statement caused damage to your reputation. You will need evidence to show how this statement harmed your reputation (unless you are suing for Assumed Damages only). You could present evidence such as a letter informing you that you are no longer permitted to use the pool, or testimony from neighbors admitting that they no longer want to be associated with you after hearing the statement.

Defamatory Statement: The Defendant falsely accused you of damaging property and stealing money.
Publication: The Defendant made the false statement to a group of neighbors at the pool.
Identification: The Defendant’s statement named you, making it clear to your neighbors.
Interpretation Leading to Identification: The false accusation harmed your reputation due to the serious nature of the crime.
State of Mind: The Defendant made the false statement without investigating or confirming the truth.
Damages (unless you are suing for Assumed Damages only): You suffered financial losses, changed pools, missed work, and needed therapy due to the false accusation.

Prove each element for a Defamation per se case

To demonstrate truth, gather supporting evidence, such as key events in your timeline. These events and evidence will help prove the necessary elements to win your case before the judge.

Proving Defamatory Statement

To prove the other party made a false statement about you, provide evidence contradicting the statement. Failure to do so may result in the other party arguing the statements are true and not defamatory.

Events for your timeline:

Contradicting documents or records (emails, texts, photos, videos, etc).
Witness testimony supporting the true facts.
Expert witness with relevant specialized knowledge.

Example

The Defendant claimed you vandalized the pool and stole money from the snack bar, but it's false. You have evidence: security camera footage of you leaving your house before the crime and not returning until after, electronic toll records showing your car was out of state, and testimony from your visiting relatives.

Proving Publication

To prove defamation, you must demonstrate that false statements about you were communicated to a third party, not just to you. This can be through spoken words to someone else or in written form where others can see. Failing to do so could allow the other party to claim no harm was caused if the statements were only made to you.

Events for your timeline:

Copy of publication where statements were made (e.g. newspaper or magazine).
Screen capture or printouts of online articles or social media posts.
Video and/or audio copies of media content where false statements were made.
Witness testimony from individuals who can confirm they heard or read the false statements.

Example

Since the Defendant made the false statement to a group of your neighbors at the recreation center, you can include witness testimony from neighbors who heard the statement. You can also provide security camera footage of the Defendant making the statement.

Proving Identification

To prove that others can identify the statements as being about you, you must demonstrate that they can link the statements to you. Failing to do so may lead the other party to claim that the statements refer to someone else, or that there is no evidence linking the statements to you, thus minimizing any potential harm.

Events for your timeline:

Clearly show your name/nickname was mentioned.
Clearly show your address/phone number was mentioned.
Unique details in the statement should be strongly associated with you or your business.

Example

Neighbors at the recreation center can testify that the Defendant clearly identified you by name.

Proving Interpretation Leading to Identification

You will need to prove that the person who heard/read the statement reasonably understood it to mean something about you that is not actually true.

You will need to show evidence of how the defendant's defamatory statements affected you. If you can't prove this, the other party may argue that the statements had no adverse impact on you.

Events for your timeline:

Quotes or expert witness statements demonstrating business injury.
Social media posts displaying hatred, contempt, ridicule, or sharing regarding you/your business.
Testimony from former customers who ceased patronizing your business after the statement.
Communications like text messages or emails from individuals who ceased associating or transacting with you after the statement.
Employment records noting work absences and medical records noting emotional distress, illustrating the impact of defamation on you.

Example

The statement injured your reputation by resulting in a letter informing you that you lost pool privileges. You can submit this document, along with copies of newsletters and notices from the pool showing you were excluded from events. Testimony from your boss can support how this affected your mental health and led to work absences.

Proving State of Mind

You must prove that the Defendant didn't use reasonable care to verify the truth of the statements. If not proven, the other party could argue they believed the statements were true.

Events for your timeline:

Proof of lack of research or fact-checking by the other party.
Evidence of Defendant's reliance on unreliable sources.
Video surveillance demonstrating Defendant's negligence.

Example

The Defendant did not have any reason to believe that you committed the crime. The Defendant did not conduct any investigation before accusing you. Testimony from pool employees confirms this. Video surveillance shows someone else committing the crime. The Defendant's comment seems based on their dislike of you, rather than a thorough investigation.

Proving Damages

Lastly, if you have proven all of the elements above, you will be entitled to a nominal sum of money (Assumed Damages). In addition, you can also recover your actual damages if you can prove that you are owed money due to the Defendant's wrongful conduct. You should show how you calculated the final amount that they owe you. The judge will want to know how you came up with that number. Typically, damages for a defamation case can be awarded as compensation for reputation harm, financial loss, and emotional distress.

Events for your timeline:

Before-and-After comparisons can highlight negative changes.
Expert witnesses estimate damages caused by defamatory statements.
Receipts for costs to restore reputation/business.
Medical bills for emotional distress from defamation.

Example:

You had to pay $500 to join a different pool due to being unable to use your neighborhood pool. Additionally, you missed work, losing $300 in wages, and spent $800 on therapy bills for your mental health. You are seeking a total of $1,600 for the pool membership, lost wages, and therapy bills.

Elements of Defamation per quod

To win a Defamation per quod case in court, you need to show that the following legal elements are true:

Defamatory Statement: The Defendant’s statement(s) was a statement of a false fact about you, or a statement containing an implication of a false fact about you. If the statement does not mention you by name, it must be proven that it was made concerning you.
How to prove defamatory statement.
Publication: The Defendant made the statement to a person (or persons) other than you.
How to prove publication.
Identification: This person reasonably understood that the statement was about you.
How to prove identification.
Interpretation Leading to Injury: Because of the facts and circumstances known to the listener(s) or reader(s) of the statement(s), the statement tended to: injure you in your occupation; expose you to hatred, contempt, ridicule, or shame; or discourage others from association or dealing with you.
How to prove interpretation.
State of Mind: The Defendant failed to use reasonable care to determine the truth or falsity of the statement (however, if the Defendant defends that their statement is protected by a privilege, this element instead requires proof that the statement was made with malice).
How to prove state of mind.
Damages: You may recover the following types of damages, depending on what you are able to prove:

Actual Damages: If you can prove the above elements, you are entitled to recover your actual damages if you also prove that the Defendant’s wrongful conduct was a substantial factor in causing any of the following: harm to your property, business, trade, profession, or occupation; expenses you had to pay as a result of the defamatory statements; harm to your reputation; or your shame, mortification or hurt feelings.
Punitive Damages: If you can prove by clear and convincing evidence that the Defendant acted with malice, oppression, or fraud, you may also recover damages to punish the Defendant.
How to prove damages.

Example of Defamation per quod

The Defendant claimed your bakery's goods are stale, damaging its reputation. To prove harm, you'll need evidence like decreased foot traffic or customer testimony expressing hesitancy to return.

Defamatory Statement: The Defendant claimed that the baked goods in your bakery are stale. This is false as you bake fresh bread daily and donate old bread to the local food bank.
Publication: The Defendant made the statement to customers waiting in line to enter your bakery.
Identification: Defendant's statement was made in front of your bakery, and your customers understood it was about your bakery.
Interpretation Leading to Injury: The statement caused a drop in sales for your occupation.
State of Mind: No proof that the Defendant tasted the bread, only made a statement without confirming its freshness.
Damages: Your average monthly sales dropped from $35,000 to $32,000. Additionally, you spent $4,000 on marketing to repair your business's reputation.

Prove each element for a Defamation per quod case

Proving Defamatory Statement

To prove the other party made a false statement about you, provide evidence contradicting the statement. Failure to do so may result in the other party claiming the statements are true and not defamatory.

Events for your timeline:

Documents, records (emails, texts, photos, videos, etc) that contradict false statements.
Witness testimony from individuals who can attest to the true facts.
Expert witness providing specialized knowledge relevant to false statements.

Example

The Defendant claimed your baked goods are stale, but this is untrue. The bakery bakes fresh bread daily, supported by records, employee testimonies, and kitchen surveillance footage. Day-old bread is donated to the local food bank, confirmed by the representative and receipts.

Proving Publication

To prove defamation, you must demonstrate that false statements about you were communicated to a third party, not just to you. This can be through spoken words to others or published where others could see them. Failing to prove this may allow the other party to claim no harm was caused as the statements were not made to anyone else.

Events for your timeline:

Copy of publication where statements were made, e.g., newspaper or magazine.
Screen capture or printouts of internet articles, or posts on social media platforms.
Video and/or audio copies of television programs, streaming videos, radio, or podcasts where statements were made.
Witness testimony from people who can confirm they heard or read the false statements. This can include those present when statements were made or later heard about them.

Example

Include witness testimony from customers who heard the false statement and security camera footage of the Defendant making the statement.

Proving Identification

You need to prove that anyone reading or hearing the statements can identify them as being about you. If you can't do this, the other party could claim the statements were about someone else, or that people wouldn't have linked the statements to you, thus causing no harm.

Events for your timeline:

Prove your name/nickname was clearly identified.
Demonstrate your address/phone number was clearly mentioned.
Illustrate the unique details in the statement that make you stand out.

Example

Customer testimony can confirm that the Defendant's statement was about your bakery.

Proving Interpretation Leading to Identification/Injury

For per quod cases, you must prove that the defamatory statements caused one of the following: harm to your occupation; exposure to hatred, contempt, ridicule, or shame; or discouragement of others from associating with you. Provide evidence of how the statements affected you. Failure to do so may lead the other party to claim no adverse impact.

Events for your timeline:

Quotes or expert witness statements of business injury.
Social media posts expressing hatred, contempt, ridicule, or sharing about you/your business.
Former customers' testimony who stopped patronizing your business after the statement.
Text messages or emails from people who distanced themselves after the statement.

Example

The statement hurt your job as it led to a decrease in sales. You can show sales documents from before and after the statement, as well as testimony from former customers who stopped shopping at your store because of the statement.

Proving State of Mind

To prove the Defendant's lack of reasonable care in verifying the truth of the statements, show they made no effort to verify them. If not proven, the other party could claim they believed the statements were true.

Events for your timeline:

Proof of lack of research or fact-checking by the other party.
Evidence of Defendant's reliance on unreliable sources.
Video evidence of Defendant's negligence.

Example

You doubt the Defendant tasted the bread because there are no orders from them and the video surveillance doesn't show them at your bakery. You present evidence of sales receipts from that day proving they didn't buy anything, and the video shows they didn't go inside. It seems the Defendant commented on the bread's appearance without confirming its freshness.

Proving Damages

To prove your claim for money owed due to someone's actions, you must demonstrate how you calculated the total amount owed. The court will require an explanation for the calculation. Damages in defamation cases often include compensation for harm to reputation, financial losses, and emotional distress.

Events for your timeline:

Showing the situation before and after the defamation can highlight the negative changes.
Expert witnesses can estimate the damages caused by defamatory statements.
Receipts for costs incurred to restore reputation/business to the pre-defamation condition.
Medical bills and records documenting emotional distress from defamation.

Example

Your average monthly sales dropped from $35,000 to $32,000 due to defamatory statements. After spending an extra $4,000 on marketing, you restored sales to $35,000.

Seeking $6,000 in lost revenue and $4,000 in marketing spending, totaling $10,000, for statements made two months ago.