Demurrer
TENTATIVE RULING
Defendant Michael’s general demurrer is overruled. The sole basis for the demurrer is that the defamatory nature of Defendant’s publications are not apparent on the face of the pleading and therefore Plaintiffs were required to, but did not, allege special damages. However, Plaintiffs explicitly alleged that Defendant had “made statements in public, including on Facebook, alleging that Plaintiffs were thieves, criminals and engaging in illegal activities.” (Complaint, ¶ 25.) A false and unprivileged publication that charges a person with crime or with having been indicted, convicted, or punished for crime constitutes slander per se and there is no need to plead or prove actual damages. (Civ. Code § 46(1); Regalia v. The Nethercutt Collection (2009) 172 Cal.App.4th 361, 367.) Similarly, when the defamatory meaning of a publication appears within the language itself without the need for explanation, it is libelous on its face and there is no need to plead specia
Hearing Date
February 26, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Demurrer
TENTATIVE RULING
Defendant Michael’s general demurrer is overruled. The sole basis for the demurrer is that the defamatory nature of Defendant’s publications are not apparent on the face of the pleading and therefore Plaintiffs were required to, but did not, allege special damages. However, Plaintiffs explicitly alleged that Defendant had “made statements in public, including on Facebook, alleging that Plaintiffs were thieves, criminals and engaging in illegal activities.” (Complaint, ¶ 25.) A false and unprivileged publication that charges a person with crime or with having been indicted, convicted, or punished for crime constitutes slander per se and there is no need to plead or prove actual damages. (Civ. Code § 46(1); Regalia v. The Nethercutt Collection (2009) 172 Cal.App.4th 361, 367.) Similarly, when the defamatory meaning of a publication appears within the language itself without the need for explanation, it is libelous on its face and there is no need to plead specia