California Defamation And Business Disparagement Litigation Attorneys
California law provides legal remedies for those harmed by defamatory statements or commercial attacks on a business’s products and services. However, these cases are complex and require a strong legal strategy from the start.
Kashfian & Kashfian, LLP, has over 100 years of combined attorney experience in Anti-SLAPP issues such as defamation and commercial litigation. From our Los Angeles office, our defamation lawyers in California work with business owners, professionals and companies dealing with damaging allegations, harmful rumors and misleading commercial statements.
Defamation Versus Business Disparagement: Understanding The Legal Distinctions
Defamation involves false statements that harm a person’s reputation. California Civil Code §§45–46 recognizes two forms. Written defamation is known as libel, while spoken defamation is slander.
On the other hand, business disparagement, trade libel or commercial disparagement, focuses on false statements about a company’s goods, services or economic interests.
A business disparagement attorney may pursue claims involving both personal reputation harm and commercial losses when the statements attack the integrity of the business owner while also damaging the company’s products or services.
Elements Of A Defamation Claim In California Courts
To succeed in a defamation case, plaintiffs must establish several legal elements. A defamation trial lawyer in California courts builds the case around the following requirements:
- Publication of a false statement of fact
- The statement must be unprivileged
- The statement must naturally injure reputation or cause measurable harm
- The defendant must be at fault
- The plaintiff must show resulting damage
Another important rule is the “of and concerning” requirement. The statement must clearly refer to the plaintiff. If the comment targets a group, courts evaluate whether the individual plaintiff can still be reasonably identified.
Truth is also a complete defense in a false statement lawsuit, which means accurate statements cannot support a defamation claim even if they are damaging.
Anti-SLAPP Motions And The Early Legal Battle
Many defamation disputes in Los Angeles, California, involve California’s Anti-SLAPP statute under Code of Civil Procedure §425.16. The law is designed to protect free speech by allowing defendants to challenge lawsuits targeting protected expression.
The Anti-SLAPP process follows a two-step analysis:
- The defendant must show the claim arises from protected activity: This includes speech involving public issues, statements made during official proceedings or commentary on matters affecting consumers or public interest.
- The burden shifts to the plaintiff: The plaintiff must demonstrate a probability of prevailing using admissible evidence. Without sufficient evidence at this early stage, the court may dismiss the claim.
The statute carries major strategic consequences. Discovery is automatically paused during the Anti-SLAPP motion process. This means plaintiffs cannot immediately gather depositions or documents. In addition, a prevailing defendant is entitled to recover attorney fees under CCP §425.16(c). These awards can be substantial. Examples of speech courts frequently treat as protected activity include:
- Consumer complaints about a business
- Online reviews discussing matters affecting the public
- Statements made to government agencies
- Speech concerning public figures
Because of the strict timeline and evidence requirements, an experienced anti-SLAPP defamation defense strategy is critical.
Frequently Asked Questions About Defamation And Business Disputes
Below are several common concerns we hear from clients.
How is defamation different from someone just saying something mean about me or my business?
Not every negative comment qualifies as defamation. California law focuses on false statements of fact rather than personal opinions or insults.
If someone simply expresses dislike or criticism, courts may treat that statement as protected opinion.
However, if a person makes a factual claim that can be proven true or false and that claim harms reputation, it may support a defamation case.
Can I sue for negative online reviews or social media posts about my business?
If the review contains false statements of fact that harm a company’s reputation or products, the business may pursue trade libel litigation.
However, reviews that express opinions or personal experiences are often protected speech.
Can I be sued for defamation if I was just repeating what someone else told me?
Yes, repeating a false statement may still create liability. California law does not excuse a person for quoting another source.
If the repeated statement harms someone’s reputation and is false, the person who shared it may still face legal claims.
What is the difference between defamation and trade libel or business disparagement?
Defamation protects individuals from false statements that harm their personal reputation.
On the other hand, business disparagement focuses on commercial damage caused by statements attacking products, services or financial integrity.
Trade libel claims require proof of specific financial loss rather than general reputation harm.
How long do I have to file a defamation lawsuit in California?
The statute of limitations is one year from the date the defamatory statement was published. This means individuals and businesses must act quickly when false statements appear online, in print or in conversation.
Act Quickly To Stop False Claims From Damaging Your Reputation
Kashfian & Kashfian, LLP, represents individuals and companies in Los Angeles, California, facing serious defamation and business disparagement disputes.
If you believe false statements are harming your reputation or your company’s economic interests, call (310) 751-7578 to speak with our defamation lawyer in California.
