Mullen

MEMORANDUM **

Steve Mullen appeals pro se the district court’s summary judgment, following remand, in his action under the Federal Tort Claims Act (FTCA) alleging intentional infliction of emotional distress by Special Agent Jessie Avestro of the former Immigration and Naturalization Service. We have jurisdiction pursuant to 28 U.S.C. § 1291 . After de novo review, Gasho v. *351 United States, 39 F.3d 1420 , 1432 (9th Cir.1994), we vacate and remand.

Under California law, where reasonable persons may differ as to whether the conduct has been sufficiently extreme and outrageous to result in liability, the issue is a question for the trier of fact. See Soldinger v. Northwest Airlines, Inc., 51 Cal. App.4th 345 , 58 Cal.Rptr.2d 747, 766 (1996) (citing Molko v. Holy Spirit Assn., 46 Cal.3d 1092 , 252 Cal.Rptr. 122 , 762 P.2d 46, 63 (1988)). Mullen’s claims regarding Avestro’s conduct extend beyond Avestro’s perjury and encompass an ongoing campaign to extort, harass and discredit, and he proffered his own declaration and those of others with personal knowledge of events at the heart of this case. See Barthelemy v. Air Lines Pilots Ass’n, 897 F.2d 999, 1018 (9th Cir.1990) (holding…