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You are here: Home / Uncategorized / Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages

Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages

April 11, 2022 by Adrianos Facchetti Leave a Comment

In a recent unpublished decision, Cavuoto v. Rainford, plaintiffs learned the hard way why it is important to include sufficient allegations to support a defamation claim.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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Filed Under: Uncategorized Tagged With: complaint, Defamation, demurrer

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California Defamation Law Blog

Law Offices of Adrianos Facchetti 4444 W. Riverside Drive, Suite 308, Burbank, CA 91505
California Defamation Lawyer & Attorney of Adrianos Facchetti Law Firm, offering services related to libel, internet defamation, slander, defamation of character, disparagement, anti-SLAPP, personal injury, car accidents, motorcycle accidents, trucking accidents, serving Los Angeles, San Fernando Valley, San Gabriel Valley, Pasadena, Burbank, Glendale, Arcadia, Beverly Hills, Santa Monica, Long Beach, Orange County, Ventura County, San Bernardino, and throughout California.

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