Legal Question in Appeals and Writs in California

Re: Explanation of Intentional Infliction of Emotional Distress

The case is Burkle vs. Burkle (2006) 144 Cal.App.4th 387. The court held that a wife could not sue a husband in a civil suit while their divorce proceeding was still pending. Her suit for intentional infliction of emotional distress caused by the husband's alleged failure to make two interim monthly payments. The appellate court held that family - not ordinary civil -law provides the remedy for the wife's claim:

"When a dissolution proceeding is pending, neither party to that proceeding has the right to file a separate civil action to enforce an interim support order issued in the dissolution proceeding. The same rule applies to filing a purported tort action arising from conduct that relates to the interim support order and, but for the dissolution proceeding, would not have occurred." (Id. at 393.)