California Defamation Demand Letter - From $2,500 Flat Fee
A California defamation demand package starts at a $2,500 flat fee. I review the statements, where and how they were published, your evidence and the remedy you want; assess the demand posture; and prepare a pre-litigation letter built for the specific dispute. The engagement is written-first, includes two revision rounds before the letter goes out, and ordinarily delivers within two business days after the engagement is effective and the materials are complete.
| Scope | Fixed fee |
|---|
| Demand Package: one publisher, a documented claim | from $2,500 |
| Commercial Dispute Action Package: several publishers or platforms, business defamation with provable lost contracts, roughly $30,000 to $75,000 at stake | from $3,000 |
| Major-Claim Dispute Action Package: above roughly $75,000, multiparty, urgent or injunctive | from $5,000 |
| Written Negotiation Phase: when the exchange goes multi-round or a settlement or retraction agreement needs drafting after the demand | from $3,000 |
| Written Attorney Consultation: a written read on whether the statement is actionable before you commit credited in full toward any package of $1,500 or more within 30 days | $300 |
The fee is fixed and agreed in writing before work begins, subject to conflict, jurisdiction and preliminary merits review. Amount at stake is one factor; parties, platforms, document volume, urgency and the remedy sought also count.
Written fixed-fee quote, usually within two business hours. No call required: send the facts and documents; the engagement, work, and delivery are handled in writing.
Who this is for
- A business or professional targeted by a review, post, article, video or email to customers that states something false as a fact.
- An individual defamed in a community post, a group chat, a former employer's statement, a landlord or tenant dispute, or an ex-partner's post.
- A company whose competitor or former contractor is telling customers or investors something untrue.
- Someone who has already asked for a retraction and been ignored, and now wants the demand to come from an attorney with a filing path behind it.
- If you received a defamation demand, the mirror product is the Demand Response & Defense package.
What you receive
- Screening before drafting. Whether each statement is a provable statement of fact rather than opinion or hyperbole, whether it is privileged under Civil Code section 47 (court filings, official proceedings, fair reports), what fault standard applies to you (negligence for a private person, actual malice for a public figure or official), and whether the one-year limitations period under Code of Civil Procedure section 340(c) and the single-publication rule leave room to act.
- The demand on my letterhead identifying each statement, why it is false and defamatory, the harm it is causing, and exactly what you are demanding: removal, retraction or correction, a stop to further publication, preservation of evidence, and compensation where the facts support it, with a deadline.
- A correction demand under Civil Code section 48a where the statement appeared in a daily or weekly news publication or a broadcast. Serving it within 20 days of learning of the publication preserves your claim to general damages; a late demand limits recovery to special damages.
- A factual chronology and damages schedule with exhibits: screenshots with URLs and dates, lost customers or contracts, employment consequences, and the documents that prove them.
- Delivery by USPS certified mail and email, so the record shows receipt.
- Review of the first substantive response with a short written next-step recommendation, and one deadline follow-up if there is no response.
- A draft complaint (marked DRAFT - NOT FILED) where I determine it is warranted, so the recipient sees the filing path and you have it ready if the letter is ignored. Whether a pleading is included is counsel's judgment and does not change the fee.
Opinion, truth and privilege end many defamation claims before they start
Only a false statement of fact is actionable. "Worst contractor I have ever hired" is opinion; "he took my deposit and never showed up" is a factual claim that is either true or false. I accept defamation demand matters only after the conflict, jurisdiction and preliminary merits review, and if the statement is opinion, substantially true or privileged, I say so in writing instead of sending a letter that invites an anti-SLAPP motion under Code of Civil Procedure section 425.16 if the matter is later filed.
Online posts: the letter goes to the author, not the platform
Under 47 U.S.C. section 230 a platform is generally not liable for what a user posts, so a demand to Google, Yelp or a social network does not create a claim against it. The demand targets the person who published the statement; the platform's own policy process is used in parallel where it applies. Unmasking an anonymous poster requires a subpoena, which is a litigation step outside this package.
What I need from you
- Each statement verbatim, with screenshots, URLs, dates and where it appeared.
- Who published it, who they are to you, and who you know saw it.
- What is false, and the documents that prove the truth (contracts, invoices, messages, photos, records).
- The harm: lost customers, cancelled contracts, employment consequences, with numbers and documents where you have them.
- Any prior exchange with the publisher, and any retraction request already sent.
- Whether you or your business are a public figure or official for this topic, and any deadline you are facing.
Jurisdiction, stated plainly
I am admitted in California and Washington. The package applies California law to statements published in, or reaching, California. Statements governed by another state's law are handled as limited multijurisdictional work and expressly qualified, or referred out where the matter needs local counsel.
Not included
- Filing a lawsuit, serving process or appearing as counsel; an injunction or a restraining order motion.
- Subpoenas to identify anonymous posters, and litigation against a platform.
- Multi-round negotiation, settlement or retraction agreements and payment-plan terms: that is the Written Negotiation Phase, from $3,000.
- Reputation-management, review-removal services or press outreach.
How the engagement runs
You send the facts and documents through the quote form (or ask the AI Legal Analyst on this page). I reply in writing, usually within two business hours, with the scope, the fixed fee and an engagement letter you sign electronically; a fee over $1,000 is payable only after you sign. Standard delivery is two business days after the engagement is effective and I have the complete materials. I prepare the work using AI-assisted tools, review it before delivery, and remain responsible for its content. Everything is delivered by email in an organized folder; no calls are required.
Frequently asked questions
How much does a California defamation demand letter cost?
The Demand Package starts at a $2,500 flat fee for one publisher and a documented claim. Disputes with several publishers or platforms, or business defamation with provable lost contracts in the $30,000 to $75,000 range, start at $3,000; claims above roughly $75,000, multiparty or urgent matters start at $5,000. A $300 Written Attorney Consultation is the entry step if you first want a written read on whether the statement is actionable, and it is credited in full toward any package of $1,500 or more within 30 days.
What information do you review before preparing the demand?
The statements verbatim with screenshots, URLs and dates; who published them and where; the documents that prove what is false; the harm with numbers; any prior exchange; and whether you are a public figure for this topic. The screening checks fact versus opinion, privilege under Civil Code section 47, the fault standard, and the one-year limitations period under Code of Civil Procedure section 340(c).
Does the $2,500 demand package include filing a lawsuit or appearing in court?
No. The package is pre-litigation: the screening, the demand, the chronology and damages schedule, delivery, the first-response review, one deadline follow-up, and a draft complaint marked not filed where warranted. Filing, service, appearances, subpoenas and injunction motions are separate engagements scoped in writing.
Can you make Google, Yelp or a social network remove the review?
No one can promise that. Under 47 U.S.C. section 230 the platform is generally not liable for a user's post, so the demand goes to the author and the platform's own policy process is used in parallel. A court order after litigation is the only route that binds a platform, and litigation is outside this package.
How long do I have to act on a defamatory statement in California?
One year from publication under Code of Civil Procedure section 340(c), measured from the first publication under the single-publication rule for most online and print statements; a statement concealed from you can extend the start. For news publications and broadcasts, a correction demand under Civil Code section 48a within 20 days of learning of the publication preserves general damages.
Related
Sergei Tokmakov, Esq. · California Bar #279869 · Washington State Bar #65720 · licensed since 2011.
This page describes my services. It is not legal advice and does not create an attorney-client relationship; an engagement starts with a signed engagement letter.