BlackletterCalifornia law

Code of Civil Procedure § 461

CHAPTER 7. General Rules of Pleading

Current as of September 28, 2026Code Civ. Proc., § 461Official source ↗

Amended by Stats. 1972, Ch. 594.

In any action within Section 460 or 460.5, the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages. Whether he proves the justification or not, he may give in evidence the mitigating circumstances.