The California statute of limitations for defamation and slander is short. Here’s everything you need to know about California’s statute of limitations for defamation and slander.
The statute of limitations for defamation and slander is one year from the false statement against the individual. However, slander is one year from the date the defamatory statement was discovered.
Under Cal. Code of Civ. Proc. § 340(c), the statute of limitations for defamation is one year. This statute starts at the time a reasonable individual would have discovered the false statement.
Why is the Slander Statute of Limitations from the Date of Discovery and Not Statement?
The statute of limitations only starts on the day of discovery or until there was reasonable access to the defamatory statement. This is the statute because it would be unreasonable to discover slander as soon as it was made.
Example of Statute of Limitations for Defamation and Slander
- If your coworker posts a defamatory statement of you online claiming that you harassed a coworker
- You are fired in association with the claim even though the harassment never occurred
- It has been two years, and the coworker adds you online
- You discover their profile and see the post that resulted in your unfair termination
- From the date of discovery, you are still within the statute of limitations to sue for slander and defamation
Related: Can You Sue for False Accusations of Child Neglect?
FAQs
Can you sue someone for slander in California?
Yes, you can sue someone for slander in California. However, it must be done within the statute of limitations. The plaintiff must prove that the statement made by the defense is false and negligent.
Related: How to Sue for Slander: Defamation Lawsuit
Can you sue someone for defamation/slander ten years later?
No. The statute of limitations is one year for defamation claims. Ten years is past the day a reasonable person would be able to discover the defamatory statement.
Are defamation cases hard to win?
Defamation cases are hard to win. Only about 13% of cases are successful. Slander is oral or written communication of false statements, so proving that the individual knew that they were wrong can be difficult.
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