Legal Question in Civil Litigation in California
Suing the other woman over infidelity concerning an affair
I would like to know if I can sue another woman over an affair that she had with my husband even though she knew I was married to him and I warned her not to do it and told her I was his wife.
A friend of mine said she read in the paper that a case like this was upheld in a CA court recently.
Thank you,
Denise
2 Answers from Attorneys
Re: Suing the other woman over infidelity concerning an affair
Your friend is incorrect. You are referring to a tort called "alienation of affection". This type of claim is now barred by California Civil Code Section 43.5.
Re: Suing the other woman over infidelity concerning an affair
no, there is no such law(s) on the california books that would make it actionable to sue anyone over an affair. Divorce is california is deemed "no fault" as well, so unfortunately, your friend is incorrect in her assessment advice to you in this case. sorry.