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The Research Center
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Category Matches:
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 | 1. Divorce Source: Torts/Intentional Interference with Contractual Relationship/Heart Balm Statute:
The plaintiff sought damages for the defendants affair with the plaintiffs wife. The plaintiffs cause of action was styled as one for intentional interference with a contractual relationship. The court held that this cause of action was foreclosed by the abolition of the torts of criminal conversati
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100.0%
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| | 2. Divorce Source: Cases of Interest: Torts
Case law and analysis of divorce cases related to torts. Visit Other Cases of Interest
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95.7%
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| | 3. Divorce Source: Torts/Fraud/Concealment of Assets:
In a combined action for independent equitable relief and damages, the husband appealed a judgment modifying permanent orders for property distribution and maintenance and awarding the wife damages, exemplary damages, and attorneys fees, based upon the husbands fraudulent concealment of assets and
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65.2%
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| | 4. Divorce Source: Torts/Intentional Infliction of Emotional Distress/Raised in Divorce Action:
In this case, the court adopted the rule that intentional-infliction-of-emotional-distress claims may be brought in a divorce action. Emotional distress is as real and tormenting as physical pain, and psychological well-being deserves as much legal protection as physical well-being [citation omitte
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65.2%
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| | 5. Divorce Source: Torts/Fraud/Nondisclosure of Investments:
The wife alleged that the husband breached his fiduciary duty to her by failing to disclose the nature of the parties investments during the course of the marriage, under Family Code 1100 and 721. The trial court agreed with the wife, but the appellate court reversed. The court held that there was
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65.2%
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| | 6. Divorce Source: Torts/Criminal Conversation/Validity of Cause of Action
A husband filed a complaint for divorce from his wife, who then filed a tort action for criminal conversation against the husband
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65.2%
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| | 7. Divorce Source: Torts/Fraud/Breach of Promise of Love and Affection
Husband alleged that in reliance upon these representations he married wife and placed five properties which were his separate property in joint title with wife during the marriage. Prior to the filing of the divorce action, wife allegedly told husband that she had never loved him and had not been
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65.2%
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| | 8. Divorce Source: TORTS ARISING OUT OF INTERFERENCE WITH CUSTODY AND VISITATION
Because a defendant may only be held liable for intentional infliction of emotional distress if his conduct is outrageous, it is extremely difficult for a plaintiff to recover under this theory. Nonetheless, in some circumstances, where the noncustodial parent or some other third party interferes w
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65.2%
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| | 9. Divorce Source: Torts/Intentional Infliction of Emotional Distress/Sexual Relations with Clergy
It has traditionally been extremely difficult for a spouse to pursue a claim for intentional infliction of emotional distress against a member of the clergy who commences an affair with the other spouse during the course of marital counseling.
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65.2%
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| | 10. Divorce Source: ECONOMIC TORTS
The lawyer representing a client in a divorce action faces special responsibilities. The enactment of no-fault divorce, combined with the development of equitable distribution and changes in community property law, has shifted the emphasis in divorce from fault to the proper identification, valuatio
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65.2%
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