Q: Are there any viable causes of action in California for suing a spouse or his mistress as a result of their affair?
Assume there are only adult (no minor) children involved, and that the motivation is to seek redress by moving against both the spouse and the mistress.
Unfortunately, when we moved form a "Fault" state to a "No-Fault" state, that meant that a party cannot sue for the Loss of Consortium, which is what people used to sue for when there was a loss of emotional and physical intimacy in a relationship.
Now, if you contracted a disease as a result of their activities, and it was provable, then you might be able to pursue something, but that is highly unlikely.
Intentional Infliction of Emotional Distress is also a remote possibility, IF they were conducting themselves in such a flagrant and emotionally tormenting manner, but again that is highly unlikely.
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