DEFAMATION COMPLAINT — PER QUOD

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Inducement and Innuendo
6. Cause of Action — Defamation Per Quod
7. Special Damages
8. Prayer for Relief
9. Verification
10. Signature Block

I. CAPTION

IN THE [________________________________] COURT OF [________________________________]

COUNTY OF [________________________________]

Case No.: [________________________________]

[________________________________], Plaintiff,

v.

[________________________________], Defendant(s).

II. PARTIES

1. Plaintiff [________________________________] ("Plaintiff") is:
   - ☐ An individual residing at [________________________________], State of [________________________________]
   - ☐ A business entity organized under the laws of [________________________________]

2. Defendant [________________________________] ("Defendant") is:
   - ☐ An individual residing at [________________________________], State of [________________________________]
   - ☐ A corporation or media organization at [________________________________]
   - ☐ Other: [________________________________]

III. JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction pursuant to [________________________________].

4. The amount in controversy exceeds $[________________________________], exclusive of interest and costs.

5. Venue is proper because:
   - ☐ The defamatory statement was published in this county
   - ☐ Defendant resides or does business in this county
   - ☐ Plaintiff suffered reputational and economic injury in this county

IV. FACTUAL ALLEGATIONS

6. On or about [__/__/____], Defendant made the following statement(s):

"[________________________________]"

7. The statement was communicated via:
   - ☐ Written publication (libel)
   - ☐ Oral utterance (slander)
   - ☐ Online post / social media
   - ☐ Broadcast media
   - ☐ Other: [________________________________]

8. The statement was published to the following third-party audience(s): [________________________________].

9. On its face, the statement does not appear defamatory. However, when read in light of the extrinsic facts set forth below, the statement carries a defamatory meaning.

V. INDUCEMENT AND INNUENDO

A. Inducement (Extrinsic Facts)

10. The following extrinsic facts, known to the recipients of the statement, give the statement its defamatory meaning:

a. [________________________________]

b. [________________________________]

c. [________________________________]

B. Innuendo (Defamatory Meaning)

11. In light of the above extrinsic facts, the statement was understood by its recipients to mean: [________________________________].

12. This meaning is defamatory because it tends to:
    - ☐ Expose Plaintiff to hatred, contempt, or ridicule
    - ☐ Injure Plaintiff in their trade, business, or profession
    - ☐ Cause Plaintiff to be shunned or avoided
    - ☐ Lower Plaintiff's estimation in the community

C. Colloquium (Statement Refers to Plaintiff)

13. Although the statement does not expressly name Plaintiff, the recipients understood the statement to refer to Plaintiff because: [________________________________].

VI. FIRST CAUSE OF ACTION — DEFAMATION PER QUOD

14. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

15. Defendant's statement, when understood in light of the extrinsic facts, constituted a false and defamatory assertion of fact concerning Plaintiff.

16. The statement was unprivileged and was published to one or more third parties.

17. Defendant acted with the requisite degree of fault:
    - ☐ Negligence (private-figure plaintiff)
    - ☐ Actual malice (public-figure / public-official plaintiff)

18. As a direct and proximate result of the publication, Plaintiff suffered special damages as itemized below.

VII. SPECIAL DAMAGES

19. Plaintiff has suffered the following specific, quantifiable economic losses directly caused by Defendant's defamatory statement:

20. Total Special Damages: $[________________________________]

21. In addition, Plaintiff seeks:
    - ☐ General / compensatory damages for emotional distress and reputational harm
    - ☐ Punitive damages based on Defendant's malice or reckless disregard
    - ☐ Injunctive relief requiring retraction or removal
    - ☐ Attorneys' fees and costs

VIII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Enter judgment in favor of Plaintiff and against Defendant;

B. Award special damages in the amount of $[________________________________];

C. Award general and compensatory damages in an amount to be proven at trial;

D. Award punitive damages in an amount sufficient to punish and deter;

E. Issue injunctive relief requiring Defendant to retract and remove the defamatory statement;

F. Award Plaintiff reasonable attorneys' fees and costs of suit; and

G. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of [________________________________] that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________].

_________________________________________
Plaintiff Signature

X. SIGNATURE BLOCK

Respectfully submitted,

_________________________________________
[________________________________]
Attorney for Plaintiff
State Bar No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)

STATE-SPECIFIC NOTES

SOURCES AND REFERENCES

• Restatement (Second) of Torts §§ 563, 575, 603 (1977)
• Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)
• CACI Nos. 1701, 1705 (California — Defamation Per Quod)
• Tressler LLP, "The Special Damage Requirement in Defamation Per Quod Cases"
• Hancock v. Variyam, 400 S.W.3d 59 (Tex. 2013)