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§ 460.Action For Libel and Slander

Title 6. Of the Pleadings In Civil Actions · Chapter 7. General Rules of Pleading · Enacted 1872 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 460 lets a plaintiff in a libel or slander action plead generally that the defamatory matter was published or spoken concerning the plaintiff, without pleading the extrinsic facts connecting it to the plaintiff, unless the defendant disputes that connection at trial.

Full Text of § 460

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In an action for libel or slander it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state, generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff must establish on the trial that it was so published or spoken.

Plain-English Summary

Defamatory statements do not always name their target outright — sometimes the connection to the plaintiff depends on surrounding facts the audience would have understood. Section 460 spares the plaintiff from pleading those extrinsic facts. It is enough to allege generally that the statement was published or spoken concerning the plaintiff.

If the defendant controverts that allegation, the plaintiff must prove at trial that the statement was in fact published or spoken about the plaintiff — which may require the extrinsic facts the complaint was allowed to skip.

Frequently Asked Questions

Do I need to explain how a defamatory statement referred to me if it didn’t use my name?

Not in the complaint. Section 460 lets you allege generally that the statement was published or spoken concerning you, without pleading the connecting facts.

What if the defendant denies the statement was about the plaintiff?

Section 460 then requires the plaintiff to prove at trial that the statement was published or spoken concerning the plaintiff.

Amendment History

Enacted 1872.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: pleading libel or slander californiadefamation complaint pleading shortcut