Glendora, CA asked in Small Claims and Personal Injury for California

Q: Can I sue for intentional infliction of emotional distress in small claims court in California?

I inherited a mobile home from my parents when they passed away in which both myself, my daughter, and her father were living in from 2000 to 2015. My daughters father did not work for most of the time we lived there and did not pay rent. When I sold the mobile home in 2015, he said he was entitled to half the money. I told him no because it was my inheritance. I purchased a 1986 Winnebago to both of us to live in. While at DMV, I had to register the RV, my car, plus take a written test. While taking the written test, my daughters father took it upon himself to put RV in his name only. Pretty crappy! In December 2015, I was diagnosed with lung cancer. We were still living in the RV. He cried, said he would stick by me through everything. Well a couple of weeks later, he kicked me out of the RV knowing I had no place to go, and no money. I had to drive myself to 9 chemos and 35 radiation treatments. There is more but I can't type anymore to tell you.

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: I don't hear a basis for emotional distress, but you may sue for conversion of personal property re: the RV. See: http://www.courts.ca.gov/9618.htm

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