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Cal. Civil Code § 45 (2026)

✓ current as of May 2026
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Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.

Notes of Decisions
Cited in 245 cases (63 in the last 5 years), 1942–2026 · leading case: Masson v. New Yorker Magazine, Inc., 501 U.S. 496 (1991).
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Masson v. New Yorker Magazine, Inc., 501 U.S. 496 (1991). · cites it 4× “" Cal. Civ. Code Ann. § 45 (West 1982). False attribution of statements to a person may constitute libel, if the falsity exposes that person to an injury comprehended by the statute.”
Bernson v. Browning-Ferris Indus. of California, Inc., 873 P.2d 613 (Cal. 1994). · cites it 4× “Bernson's cause of action for libel accrued sometime in late 1988 when he obtained a copy of the travel expenditure report at issue. At that point, he possessed sufficient facts to plead a cause of action for libel: the report targeted him; its contents were false; it exposed…”
Marsh v. San Diego Cnty., 432 F. Supp. 2d 1035 (S.D. Cal. 2006). · cites it 3× “California Civil Code §§ 45, 46 California Civil Code sections 45 and 46 target libel and slander.”
Nilsen v. Neilson (In Re Cedar Funding, Inc.), 419 B.R. 807 (9th Cir. BAP 2009). · cites it 2× “California Litigation Privilege In addition to asserting that he is immune from suit as a court-appointed offi *824 cer of CFI’s estate, the trustee also contends his statements were absolutely privileged under California law. Nilsen cannot maintain his action against the…”
Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 (9th Cir. 2009). “” Cal. Civ.Code § 45. Even if Gorman’s libel claim is not preempted by § 1681t(b)(l)(F), it is still subject to § 1681h(e), and so he must prove, in addition to the common law elements of libel, that the information was “false” and “furnished with malice or willful intent to…”
Polygram Records, Inc. v. Superior Court, 11 Media L. Rep. (BNA) 2363 (Cal. Ct. App. 1985). · cites it 3× “or other fixed representation to the eye” (Civ. Code, § 45 [definition of libel]) or whether publication may also be uttered orally or by other means; that is, whether “trade libel” may be effected by slander (see Civ.”
Ringler Assocs. Inc. v. Maryland Cas. Co., 2000 Cal. Daily Op. Serv. 4070 (Cal. Ct. App. 2000). · cites it 2× “2d 397 ]; Civ. Code, §§ 45, 46; 5 Witkin, Summary of Cal.”
Wong v. Jing, 189 Cal. App. 4th 1354 (Cal. Ct. App. 2010). “) Civil Code section 45 provides, “Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or…”
NYGÅRD, INC. v. Uusi-Kerttula, 72 Cal. Rptr. 3d 210 (Cal. Ct. App. 2008). “Apparently he hasn’t heard about working hours but rather wanted me to work round the clock’ ”; (6) “ ‘Nygárd didn’t want to let his employees to even go and see a doctor’ ” when injured; (7) Peter Nygárd “ ‘keeps an eye on his workers like a hawk.”
Weinberg v. Feisel, 2003 Cal. Daily Op. Serv. 6581 (Cal. Ct. App. 2003). “Rather, it is alleged that defendant began a private campaign, so to speak, to discredit plaintiff in the eyes of a relatively small group of fellow collectors.”
Shively v. Bozanich, 80 P.3d 676 (Cal. 2003). “(Civ. Code, § 45; Rest.2d Torts, § 568, subd.”
Wilbanks v. Wolk, 2004 Cal. Daily Op. Serv. 7575 (Cal. Ct. App. 2004). “) The court considers the pleadings and the supporting and opposing affidavits stating facts on which the liability or defense is based, and the motion to strike should be granted if, as a matter of law, the properly pleaded facts do not support a claim for relief. (Ibid.)…”
Show all 245 citing cases →
— Cal. Civil Code § 45(a) — 1 case
Motekaitis v. USI Ins. Servs. Nat'l, Inc. (N.D. Cal. 2025).
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