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.

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered

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.

John O'Brien
John O'Brien
Answered
  • Elk Grove, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.