Q: May a Judge in jury trial suddenly dismiss my case because HE DECIDED defendants' behavior "was not outrageous enough"?
Defendant bank conspired with my estranged wife to get me to lie on loan/refi app, stating I was living in our jointly-owned home when I was not. Haven't for years. And more. Then, when I refused, they lied to her and, more importantly, to my two daughters, telling them I was to blame for them not getting the loan, the money for things they wanted, etc, and they have hated me to this day. Three years and counting. All because of their lies.
A: I'm assuming that defendant filed a motion for summary judgment. Generally those are granted if the facts shown do not rise to a level that would, under the law, be what is required for you to prove. If you are represented by a lawyer,have him go over the judge's opinion with you. If you are representing yourself, that may be part of the problem--it is a highly technical claim in terms of the law, and you have the initial stumbling block of proving a sequence of events that are largely based on disputed testimony. You have a right of appeal but the rules for appeals will require very specific things be done.
A: Intentional infliction of emotional distress requires an element of extreme and outrageous conduct, usually a question of fact for a jury. However, if there are no disputed issues of fact, a judge can decide as a matter of law that the conduct complained of does not rise to the level of extreme and outrageous. If the court has ruled that way in your case, you are probably fortunate that it happened now before you wasted considerably more time and money having a jury tell you the same thing.
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