This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Defamation
Intentional Infliction of Emotional Distress

Carlene Sanchez Boisselle v. Paula Boisselle, and Does 1 through 10, inclusive

Published: Mar. 14, 2015 | Result Date: Oct. 14, 2014 | Filing Date: Jan. 1, 1900 |

Case number: BC491334 Verdict –  $1,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Aldo A. Flores


Defendant

Araceli M. Lerma


Facts

Carlene Boisselle sued Paula Boisselle, her husband's former spouse, with whom he had two children with from their prior marriage.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant called her names and engaged in a physical altercation with her in a public place. Then, after serving defendant with a summons and complaint, defendant implied to plaintiff's co-workers that plaintiff had been convicted of a crime and was on medication for being mentally unstable, which embarrassed and humiliated plaintiff. Plaintiff disputed defendant's statements, claiming that she has never been convicted of a crime nor was she under any medication. Additionally, plaintiff alleged that she was fired from her job because of defendant's actions. In her lawsuit, plaintiff asserted claims for defamation, slander per se, intentional infliction of emotional distress, and battery. The trial, however, proceeded on only two causes of action, slander per se, on the precise question of whether defendant made any statement that plaintiff was indicted, convicted or punished for a crime (trial did not proceed on any of the other allegations associated with slander per se), and intentional infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.

Prior to trial, plaintiff dropped her damages claim that she was fired due to defendant's action.

Result

The jury rendered a verdict in favor of plaintiff on the slander per se cause of action and awarded her $1,000 in damages. The jury rendered a verdict in favor of defendant on the intentional infliction of emotional distress claim.

Other Information

FILING DATE: Aug. 30, 2012.


#118760

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390