What is the burden of proving malice against someone who made a racial slur against another person?
California, United States of America
The following excerpt is from Bikkina v. Mahadevan, A143031 (Cal. App. 2015):
and thereafter the burden shifts to plaintiff to establish that the statement was made with malice. (Lundquist v. Reusser (1994) 7 Cal.4th 1193, 1202.) A plaintiff must show "actual malice" that the conduct was motivated by hatred or ill will. (Taus, supra, 40 Cal.4th at p. 722.)
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