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I live on the state of Calif. Can I sue a woman who slept with

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my husband in my house...
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: 2 years ago.Category: Family Law
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5/26/2015
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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...
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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