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Cal. Rules of Court, rule 461
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§ 461 In any action within Section 460 or 460.
Part 2: Of Civil Actions | Title 6: Of the Pleadings in Civil Actions | Chapter 7: General Rules of Pleading
Rule Text
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.
Amendment history: Amended by Stats. 1972, Ch. 594.