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.­ (updated Jan. 1, 1972; accessed Jun. 25, 2025).

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Verified:
Jun. 25, 2025

§ 461's source at ca​.gov