Golden

Plaintiffs, husband and wife, have each appealed from adverse judgments in separate actions filed against common defendants. The judgments followed the sustaining of demurrers, without leave, to amend, to the husband’s second amended complaint, which contained one cause of action for abuse of process and a second cause of action for intentional infliction of extreme emotional distress, and to the wife’s first amended complaint for intentional infliction of extreme emotional distress. All three alleged causes of action are predicated upon the same circumstances. Plaintiff husband contends, severally, that the facts set forth in his complaint are sufficient to establish a cause of action for abuse of process, and both assert that the facts establish a cause of action for the intentional infliction of emotional distress.

It is concluded that the trial court properly determined that the husband had failed to establish a cause of action for abuse of process. The trial court believed that although the conduct alleged might be deemed “inconsiderate, deliberate and vexatious,” it was not “extreme or outrageous” within established principles giving rise to a cause of action for…