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McDaniel v. Gile

California Court of Appeal

230 Cal. App. 3d 363, 281 Cal. Rptr. 242 (1991)

Facts

Patricia Gile (defendant) retained attorney James McDaniel (plaintiff) to represent her in her action for marital dissolution. According to Gile, McDaniel had her complete a document that included intimate details about her personal and sexual life, grabbed her and kissed her in a room in the courthouse, called her and made sexually suggestive remarks, and failed to be available and represent her interests after she refused to have sexual relations with him. When Gile needed a restraining order against her husband, McDaniel ignored her telephone calls, and when he did respond, McDaniel led Gile to believe that he would only be available to her as an attorney if she gave him sexual favors. McDaniel told a friend of Gile’s whom Gile had brought to a meeting that his female clients were very vulnerable and could get better service from him if they went to bed with him. Gile settled her case without McDaniel’s assistance. McDaniel sued Gile for unpaid legal fees. Gile cross-claimed for intentional infliction of emotional distress. The trial court granted summary adjudication on Gile’s claim of intentional infliction of emotional distress because McDaniel’s conduct was not outrageous as a matter of law. Gile appealed.

Rule of Law

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Issue

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Holding and Reasoning (Grignon, J.)

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