The Motion (ROA # 144) of Plaintiff and Cross-Defendant MHS Customer Services, Inc. ("Plaintiff" or "MHS") for summary adjudication of the second cause of action for intentional infliction of emotional distress cause of action in the Cross-Complaint of Defendant / Cross-Complainants Darrell Martin and Stephanie Martin ("Defendants" or "Cross-Complainants"), is DENIED.
Defendants' evidentiary objections (ROA # 156) are OVERRULED IN PART and SUSTAINED IN PART. The objections to the declaration of ON FRYER are OVERRULED to nos. 1 - 4, 11 - 13, 16, 18 and 19 and SUSTAINED to nos. 5 - 10, 17 and 20, and to the exhibits to Fryer's declaration are OVERRULED to no. 19 and SUSTAINED to no. 20.
Plaintiff's evidentiary objections (ROA # 162) to the Declaration of Jerald Cook are OVERRULED. The second cause of action in the Cross-Complaint alleges a claim for Intentional Infliction of Emotions Distress ("IIED"). The elements of the tort of IIED are: (1) extreme and outrageous conduct by Defendan
Hearing Date
October 18, 2018
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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The Motion (ROA # 144) of Plaintiff and Cross-Defendant MHS Customer Services, Inc. ("Plaintiff" or "MHS") for summary adjudication of the second cause of action for intentional infliction of emotional distress cause of action in the Cross-Complaint of Defendant / Cross-Complainants Darrell Martin and Stephanie Martin ("Defendants" or "Cross-Complainants"), is DENIED.
Defendants' evidentiary objections (ROA # 156) are OVERRULED IN PART and SUSTAINED IN PART. The objections to the declaration of ON FRYER are OVERRULED to nos. 1 - 4, 11 - 13, 16, 18 and 19 and SUSTAINED to nos. 5 - 10, 17 and 20, and to the exhibits to Fryer's declaration are OVERRULED to no. 19 and SUSTAINED to no. 20.
Plaintiff's evidentiary objections (ROA # 162) to the Declaration of Jerald Cook are OVERRULED. The second cause of action in the Cross-Complaint alleges a claim for Intentional Infliction of Emotions Distress ("IIED"). The elements of the tort of IIED are: (1) extreme and outrageous conduct by Defendan