Legal Question in Personal Injury in California
If a plaintiff files a lawsuit stating injury because a defendant allegedly created so much stress on the plaintiff that the plaintiff cracked his/her her own tooth from grinding teeth while asleep, is this considered fraud?
2 Answers from Attorneys
No, of course it's not "considered fraud." You might think it's ridiculous, and I might agree, but that doesn't make it fraud. Fraud is telling a lie. Making far-fetched allegations is not the same thing as out-and-out lying.
Filing a lawsuit is not a fraud against the defendant, no matter what it alleges.
Your description of the lawsuit makes it sound frivolous, but it might not be. California law recognizes a tort called intentional infliction of emotional distress ("IIED"). Complaints for IIED ordinarily describe the symptoms of the plaintiff's distress, as well as any identifiable consequences thereof. The allegations you describe could well be part of a perfectly valid IIED claim.
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