ANGIE M. v. Superior Court

Petitioner, Angie M. (Angie), seeks extraordinary relief after the trial court sustained real party in interest Robert Hiemstra’s (Hiemstra) demurrer to her unlawful seduction/childhood sexual abuse and intentional infliction of emotional distress causes of action and granted a motion to strike her claim for punitive damages. The primary question presented is whether a civil cause of action for unlawful seduction/sexual abuse can exist against a 48-year-old physician who engages in sexual intercourse and orally copulates a minor female. Under the alleged facts, we conclude such a cause of action is stated. We further conclude Angie alleged sufficient facts to satisfy the “outrageous” conduct requirement for an intentional infliction of emotional distress cause of action. Finally, we conclude the court erred in striking Angie’s claim for punitive damages and in failing to allow Angie leave to amend her intentional infliction of emotional distress claim to allege the extent and nature of her emotional distress.

Background

This action is generally based on allegations that Hiemstra, a 48-year-old physician, seduced Angie, a minor, into a meretricious relationship. In the…