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Do I have an appropriate case for intentional and negligent infliction of emotional distress? If not, do I have any other case?

Orange, CA |

My son and daughter and law, along with my two baby grandchildren, were offered the opportunity to live in my house in California for one year free of charge while my son was in transition. Unfortunately, my daughter in law believed it was now "her house", invited her minor sister from the east coast to live in my house "indefinitely" as well as her brother and a friend to vacation there w/o my consent, bullied and browbeat me while I was there, tried to exclude me from my own home, caused property damage, etc, and then moved out after I asked for the minor sister to return home. Now daughter in law will not let me or anyone from my son's side in the family see our grandkids, with whom we have enjoyed a wonderful relationship to date. She will not relent and my son will do nothing.

Son and daughter in law are now living with the kids out of state on the east coast.

Attorney Answers 4

Posted

Sorry to hear about your situation. You can sue your daughter in law and anyone else who caused damage to your property. However, if you are not your grandchildren's legal guardian and have no legal rights to assert regarding visitation, there is no legal recourse you can take to see your grand kids. At this point you, your son and daughter in law will most likely need a 'heart to heart' talk to mend this broken fence in order to salvage any relationship. If you sue her that would probably cause a bigger divide, and it seems the most important part of your story is the children, so maybe focus on how to get back into their lives. It is unfortunate that your son had some part in this deterioration, but hopefully some good can come of it. Good luck.

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Posted

you could sue for it as well as the property damage, conversion, trespassing, and any other damage she caused you. Emotional distress is very difficult to recover and probably will make the relationship worse between her and your family.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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1 lawyer agrees

Posted

Difficult to say because certain elements need to be present. What is "emotional distress?" Too many people living in your home? If that is the case and you want them out, you probably need to consult a landlord tenant lawyer. If you are distressed because too many people are living in your home, whose fault is that? About not seeing your grandkids? That happens unfortunately all the time but I more likely than not actionable. You should consult an attorney who is well familiar with personal injury claims and see if this behavior rises to actionable.

It seems that maybe family counseling/mediation might be an option you want to consider. Where is your son in all this?

I wish you the best

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Law Offices of Richard M. Katz 1122 East Green Street Pasadena, Ca. 91106 (626) 275-4162 (626) 796-6333 (626) 796-5615 facsimile

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Posted

Even assuming you were successful in bringing such a claim, and getting a judgment, would it be possible to collect a dime from your daughter-in-law? What effect would such a lawsuit have on your son?

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