In a recent unpublished decision, Cavuoto v. Rainford, plaintiffs learned the hard way why it is important to include sufficient allegations to support a defamation claim. There, plaintiffs alleged several claims, including one for defamation. The court granted two demurrers with leave to amend, and then granted defendant’s demurrer as to the second amended complaint with prejudice. Plaintiffs appealed. As to the claim for defamation, the trial court found plaintiffs failed to allege “sufficient facts to support the claims.” Plaintiffs appealed and the Court of Appeal affirmed the decision, finding, among other things, that “while plaintiffs added allegations that defendants made certain specific statements, plaintiffs did not allege causation between the statements and the alleged damages, as required by statute.” The court cited Civil Code section 46.
The lesson from this case is that plaintiffs must allege facts supporting a causal link between the alleged defamatory statements and the damages plaintiffs allege they sustained. Additionally, the plaintiffs represented themselves in this case. Where possible, individuals should a hire a defamation lawyer. Failing to do so will likely lead to adverse outcomes, like in this case.
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