Kinnamon

In the case at bench, we consider the legal sufficiency of a complaint to state a cause of action for intentional infliction of *895 emotional distress, We conclude that allegations that a lawyer in violation of rule 7-104 of the California Rules of Professional Conduct threatened plaintiff with criminal prosecution to obtain an advantage in a civil case, that the threat was made with the intent of inflicting emotional distress, and that severe emotional distress resulted, are legally sufficient. Accordingly, we reverse a judgment of dismissal entered after a demurrer to a complaint containing those allegations was sustained without leave to amend.

Appellant filed her first amended complaint alleging that: (1) defendants Bernard Snyder, Jack Staitman, and Jack J. Tannenbaum are attorneys at law retained by defendant John B. O’Cana; (2) to collect a $250 check which plaintiff had given to O’Cana which had been dishonored for insufficient funds, the attorney defendants sent a letter to plaintiff stating, “As you may be aware to issue a check with insufficient funds to cover said check is a misdemeanor. In addition to any Civil remedies my client may have, we also plan to…

I respectfully dissent.

Background

The following chain of events can reasonably be gleaned from the skimpy record on appeal:

Plaintiff/appellant Catherine Green Kinnamon (hereinafter plaintiff) started the chain of events by giving a check in the amount of $250 to John B. O’Cana which was returned to him because of insufficient funds.

Mr. O’Cana retained the services of Staitman & Snyder, a professional law corporation (composed of Jack M. Staitman and Bernard Snyder) and Attorney Jack J. Tannenbaum (hereinfter collectively Attorneys) to represent him to recover the $250 from plaintiff.

Defendant Attorneys sent a demand-type letter dated December 30, 1975 (received by plaintiff on December 31, 1975), advising her that they represented Mr. O’Cana in connection with the $250 check she had given *898 him which was returned because of insufficient funds. The letter contained the following two sentences: “As you may be aware to issue a check with insufficient funds to cover said check is a misdemeanor. In addition to any Civil remedies my [sic] client may have, we also plan to exercise our rights to file a criminal complaint against you for your action herein.”

Plaintiff…

In the case at bench, we consider the legal sufficiency of a complaint to state a cause of action for intentional infliction of emotional distress. (1a) We conclude that allegations that a lawyer in violation of rule 7-104 of the California Rules of Professional Conduct threatened plaintiff with criminal prosecution to obtain an advantage in a civil case, that the threat was made with the intent of inflicting emotional distress, and that severe emotional distress resulted, are legally sufficient. Accordingly, we reverse a judgment of dismissal entered after a demurrer to a complaint containing those allegations was sustained without leave to amend.

Appellant filed her first amended complaint alleging that: (1) defendants Bernard Snyder, Jack Staitman, and Jack J. Tannenbaum are attorneys at law retained by defendant John B. O'Cana; (2) to collect a $250 check which plaintiff had given to O'Cana which had been dishonored for insufficient funds, the attorney defendants sent a letter to plaintiff stating, "As you may be aware to issue a check with insufficient funds to cover said check is a misdemeanor. In addition to any Civil remedies my client may have, we…