Does plaintiff have a burden of proving that defendants knew that their statements were false?
California, United States of America
The following excerpt is from Rosenaur v. Scherer, 105 Cal.Rptr.2d 674, 88 Cal. App.4th 260 (Cal. App. 2001):
Accordingly, plaintiff has failed to show that defendants were aware that their statements were false or that they acted in reckless disregard of their falsity, particularly since plaintiff had the burden of showing such malice by clear and convincing evidence. (Id. at p. 950; Conroy v. Spitzer, supra, 70 Cal.App.4th at p. 1451.)10
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