Time Limit on California Defamation of Character

California citizens are entitled to personal rights. Protection from defamation (of character) is one of these rights. If you believe someone has violated this right, you can file a civil lawsuit within one year of the event.

Defined

California Civil Code lists and defines the personal protections (and exceptions) to which a citizen of California is entitled. Emily Doskow, an attorney who writes for FindLaw.com, defined the term defamation simply as “a catch-all term for any statement that hurts someone’s reputation.”

Types

The act of defaming is not in itself a crime. Libel or slander is the action that you must legally prove to file a civil lawsuit claiming a defamation of character occurred.

The Crime

Libel is a false statement published in written form and slander is a false statement made orally, usually broadcast publicly. To win a civil lawsuit claiming defamation of character, you must prove an act of either libel or slander occurred and “special damage” occurred.

Time Limit

The statute of limitations is one year from when the incident occurred.

References

• California Code of Civil Procedure: Limitations Section 340
• California Civil Code: Definitions Sections 43-46