Searcy v. Auerbach

980 F.2d 609 Sandra SEARCY; Conner Searcy, by and through his guardian ad litem Sandra Searcy; and Stacy Searcy, by and through her guardian ad litem Sandra Searcy, Plaintiffs-Appellants, v. Roy R. AUERBACH, Defendant-Appellee. No. 91-16289. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1992. Decided Dec. 4, 1992. Bruce M. Towner, Towner & Lippe, San Francisco, Cal., for plaintiffs-appellants. Gregory E. Ebstein, Ericksen, Arbuthnot, Brown, Kilduff & Day, San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before: BOOCHEVER, NOONAN and O'SCANNLAIN, Circuit Judges. NOONAN, Circuit Judge: 1 Sandra Searcy and her children Conner and Stacy (the Searcys) brought a suit against Roy R. Auerbach for intentional infliction of emotional distress, libel, professional negligence and negligent infliction of emotional distress. The Searcys were residents of Texas, Auerbach of California, so diversity of citizenship existed. The district court gave summary judgment for Auerbach. We reverse and remand for trial. BACKGROUND 2 The undisputed facts were that Michael Searcy, Sandra's…