Legal Question in Personal Injury in California
What remedy has replaced the 'alienation of affection' tort in California? Is there still some legal remedy for this type of offense?
2 Answers from Attorneys
Yes. The legal term for the cause of action you are speaking of is "loss of consortium". If you believe you have a cause of action for this you should consult with an attorney specializing in torts. Most attorneys will provide a free initial consultation to determine if your case is worth pursuing.
Ms. Gerritsen is completely and utterly wrong. Although slightly related, in that they both deal with compensation for loss of the benefits of a marital union, the similarity between loss of consortium and alienation of affection ends there. Loss of consortium provides a secondary right to recover damages based on injury to the other spouse. It is not an independent cause of action. A spouse claiming loss of consortium damages must first establish a tortious physical injury to the other spouse. It is entirely an ancillary damages claim to the injured spouse's tort cause of action. In the states that still recognize it (and California is not one) alienation of affections is a stand-alone cause of action that requires proof of a loving marriage that is destroyed by the intentional and malicious conduct of a third party seducer of one of the spouses.