Melorich Builders, Inc. v. Superior Court

Opinion

RICKLES, J.

Petitioner by writ contests the denial of petitioner’s motion for summary judgment as to real parties’ in interest (Serabias’) cause of action for intentional infliction of emotional distress. This cause of action was based on petitioner’s filing an unbonded stop notice during the course of litigation between the parties.

Petitioner contends the Serabias’ claim was barred as a matter of law on two theories: (1) the filing of the stop notice was privileged; and (2) petitioner’s conduct was not outrageous.

Facts

Petitioner, Melorich Builders, Inc. (Melorich), a general…