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.
§ 461.Alleging Truth of Matter Charged As Defamatory and Mitigating Circumstances
Title 6. Of the Pleadings In Civil Actions · Chapter 7. General Rules of Pleading · Last amended 1972 · Last verified July 28, 2026
In one sentenceSection 461 lets a defendant in a libel or slander action under § 460 or § 460.5 answer with both the truth of the matter charged and any mitigating circumstances, and allows the mitigating-circumstances evidence even if the truth defense is not proven.
Full Text of § 461
Plain-English Summary
In a defamation action falling under § 460 or § 460.5, a defendant is not forced to choose between defending on the merits and arguing for a lower damages award. Section 461 lets the defendant plead both the truth of the matter charged as defamatory and any mitigating circumstances in the same answer.
The two defenses do not rise or fall together. Even if the defendant fails to prove the statement was true, § 461 still lets the defendant put on evidence of mitigating circumstances to reduce the damages awarded.
Frequently Asked Questions
Can a defamation defendant plead both truth and mitigating circumstances?
Does failing to prove the truth defense bar evidence of mitigating circumstances?
No. Section 461 lets the defendant offer evidence of mitigating circumstances whether or not the justification defense is proven.
Amendment History
Amended by Stats. 1972, Ch. 594.
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: truth defense defamation californiamitigating circumstances defamation damages