Legal Question in Personal Injury in California

I have a question about the statute of limitations on defamation. There was a defamatory publication sent out in writing to multiple persons last year about me and although I suspect that this happened, I did not receive confirmation of it until a few days ago. I have heard that the statute on defamation is a year from the publication, and I have also heard that it is a year from the time the victim discovers it. Which is true?? Thank you for your answer!


Asked on 1/24/13, 5:48 pm

2 Answers from Attorneys

Farid Yaghoubtil Downtown L.A. Law Group

Statute of Limitations in California for defamation is 1 year from the date of the accident (wrongdoing)

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Answered on 1/24/13, 6:07 pm

Even if you can argue delayed discovery of the wrong, the limitations on any cause of action with a delayed discovery rule from the date the plaintiff discovered OR through the exercise of reasonable dilligence would have discovered the wrong or harm. So once you have suspicions you have to act to confirm them and sue if you choose to. You don't get to wait until you have confirmation without working to get it.

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Answered on 1/24/13, 6:36 pm


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