California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6 — Of the Pleadings in Civil Actions, Chapter 7 — General Rules of Pleading, Section 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.
Notes
Allows a defendant in a specified defamation action to allege both the truth of the allegedly defamatory matter and mitigating circumstances in the answer to reduce damages. The defendant may introduce evidence of those mitigating circumstances whether or not the defendant succeeds in proving the asserted justification based on truth.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 461 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-7/section-461