There is a newer version of the California Code
2011 California Code
Code of Civil Procedure
PART 2. OF CIVIL ACTIONS [307 - 1062.20]
CHAPTER 7. General Rules of Pleading
Section 461
CA Civ Pro Code § 461 (through 2012 Leg Sess) What's This?
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.
(Amended by Stats. 1972, Ch. 594.)
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