Code of Civil Procedure section 461

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.

Source: Section 461, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=461. (accessed Jun. 2, 2025).

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Last Updated

May 12, 2025

§ 461’s source at ca.gov

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Location: https://california.public.law/codes/code_of_civil_procedure_section_461

Original Source: Section 461, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=461. (last accessed May 12, 2025).