Statute · California Code of Civil Procedure
Cal. Civ. Proc. Code § 461 — General Rules of Pleading
Cal. Civ. Proc. Code § 461
- Type
- Statute
- Source
- California Code of Civil Procedure
- Jurisdiction
- California
- Current through
- Nov 2, 2026 (California Legislative Counsel)
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.
Citator
Cal. Civ. Proc. Code § 461 — General Rules of Pleading is in force in the current edition of the Code, and nothing recorded condemns it.
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.