Shalant v. Mackston CA2/8
The trial court granted summary judgment against plaintiff and appellant Joseph L. Shalant, and in favor of defendant and respondent Robert Mackston on plaintiff’s sole cause of action for intentional infliction of emotional distress. The trial court determined that plaintiff did not demonstrate a triable issue of fact as to whether or not plaintiff suffered severe emotional distress. Although both the record below and plaintiff’s briefing in this court are, as will be shown, problematic, we believe the record, considered as a whole, does disclose a triable issue of fact as to the existence of this element of plaintiff’s cause of action. Thus, we reverse the trial court’s grant of summary judgment against plaintiff.
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