Code of Civil Procedure - CCP
PART 2. OF CIVIL ACTIONS [307 - 1062.34]
( Part 2 enacted 1872. ) TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 - 475]
( Title 6 enacted 1872. ) CHAPTER 7. General Rules of Pleading [452 - 465]
( Chapter 7 enacted 1872. ) 461.
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.)