The plaintiff (the person that brings the lawsuit) has the burden of proof to prove the elements of the particular cause of action;
for defamation, the cause of action can be based on either written (libel) or oral (slander) statements that are false, that will do injury to the person.
Here are the relevant codes:
44. Defamation is effected by either of the following: (a) Libel. (b) Slander. 45. 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. 45a. A libel which is defamatory of the plaintiff without the necessity of explanatory matter, such as an inducement, innuendo or other extrinsic fact, is said to be a libel on its face. Defamatory language not libelous on its face is not actionable unless the plaintiff alleges and proves that he has suffered special damage as a proximate result thereof. Special damage is defined in Section 48a of this code. 46. Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which: 1. Charges any person with crime, or with having been indicted, convicted, or punished for crime; 2. Imputes in him the present existence of an infectious, contagious, or loathsome disease; 3. Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits; 4. Imputes to him impotence or a want of chastity; or 5. Which, by natural consequence, causes actual damage.
So if the defendant can prove that the element of false information is not met, the court will dismiss the action. The court can also award attorney fees and costs, upon request, in defending the action if they determine the case was brought frivolously, without merit.
So one can wait to be served and then present the information as to how the statements are true, or if the person is threatening to amend the complaint they can write a letter explaining the existence of the documents that would prove the statements were true.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.