False vs. Misleading

In determining whether statements are false or misleading, courts look to whether thechallenged statement is subject to verifiability, as distinct from typical hyperbole andopinionated comments common to political debate. (See [Citation].) An outrightfalsehood or a statement that is objectively untrue may be stricken. (Ibid.) We needonly add that context may show that a statement that, in one sense, can be said to beliterally true can still be materially misleading; hence, the Legislature did not indulge inredundancy when it used both words. On the other hand, the standard, as defined bythe Legislature, is necessarily a high one: Courts may intervene only if clear andconvincing evidence shows the statement to be false or misleading. Huntington BeachCity Council v. Superior Court (Blackford) (2002) 94 Cal.App.4th 1417