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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live on the state of Calif. Can I sue a woman who slept with

Customer Question

I live on the state of Calif. Can I sue a woman who slept with my husband in my house and in my bed. She knows he was married
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello and thank you for requesting me. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this. I am going to assume she also lives in CA. If not, then please REPLY and let me know.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
The primary cause for suing the third party in this case is alienation of affection. Alienation of affection basically means suing the third party for their role in the affair with your spouse. Unfortunately, CA has banned alienation of affection as a cause of action in the state.
The closest thing you can sue her for is intentional infliction of emotional distress. Elements of this are (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. Davidson v. City of Westminster, 649 P. 2d 894 - Cal: Supreme Court 1982. In other words, she would have had to KNOW that you knew, and continued to do so with the specific intent to HARM YOU. Of course, this is an indirect substitute for alienation of affection, and not as strong at all in such cases.
I do not know the details, but perhaps if one can prove that she KNEW and CONTINUED simply to HARM YOU, then perhaps there is a case for alienation of affection...
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