In Re Marriage of Segel

Appellant Karen J. Segel (wife) appeals from the trial court’s order sustaining respondent Alvin G. Segel’s (husband) demurrer and dis missing her complaint. The parties to this appeal are also parties to a related but separate appeal decided by this court. (See In re Marriage of Segel (1986) 177 Cal.App.3d 1030 [ 223 Cal.Rptr. 430 ], hereinafter referred to as Segel I.)

The first cause of action alleges a breach of contract contending that husband breached the marital settlement agreement between the parties which was incorporated in a 1976 interlocutory judgment of dissolution; the second cause of action is for fraud, alleging that husband misrepresented his financial condition and induced her to agree to a reduction in lifetime spousal support in exchange for a five-year spousal support arrangement; the third cause of action is for intentional tort and alleges essentially the same facts contained in the second cause of action; the fourth cause of action is for an intentional infliction of emotional distress, alleging essentially that husband has caused wife severe emotional distress by alienating the parties’ child against her.

Because we determine that the first…