Gilbreath

In California the accrual of causes of action growing out of the publication of defamatory or other tortious statements is governed by the single-publication rule. Under the rule, one cause of action will arise, and the statute of limitations will commence running, upon the first general publication or broadcast of a tortious statement, notwithstanding how many copies of the publication are distributed or how many people hear or see the broadcast. Any subsequent republication or rebroadcast gives rise to a new single cause of action.

We find the single-publication rule applies to statements published on Internet Web sites. Because the statements which give rise to plaintiffs’ cause of action for defamation were posted on a Web site maintained by one of the defendants more than a year before plaintiffs’ complaint was filed, plaintiffs’ defamation cause of action is barred by the applicable statute of limitations, Code of Civil Procedure section 340.

Accordingly, the trial court should have granted defendants’ motion to strike the defamation cause of action.

SUMMARY

Plaintiff and respondent Diana Fineran and defendants and appellants Laura Gilbreath, Lee Zimmerman,…