UJI 13-1004. Statement of fact: Fact defined; opinion contrasted.

To support a claim for defamation, the communication by defendant must contain a statement of fact. In contrast, statements of opinion alone cannot give rise to a finding of defamation. [However, an opinion which implies that it is based upon the existence of undisclosed facts is the same as a statement of fact.] In deciding whether the communication is or contains a statement of fact, you should consider the following: (A) The entirety of the communication and the context in which the communication was made; and (B) Whether reasonable persons would be likely to understand the communication to be a statement of the defendant’s opinion or a statement of fact.