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
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.
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