Can someone sue me for emotion distress because I told his fiancé that I was pregnant with his baby?

UPDATED: Oct 1, 2022

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Can someone sue me for emotion distress because I told his fiancé that I was pregnant with his baby?

I found out I was pregnant 6 weeks before the father of my unborn child was going to get married. I don’t believe in abortion and had plans to keep the baby even after receiving many manipulating and threatening texts to end the pregnancy. He had no intention of being a part of his child’s life or mine. I called his fianc a week before their wedding and told her their is something she needs to speak to him about. He told her what was going on and asked that I do not speak to him and that we communicate solely between our lawyers. Weeks later I made the difficult decision to have an abortion. I did not tell him. Months passed and he did not have an update on whether or not I continued with my pregnancy. I did not feel I owed him an explanation on my decision. He is now threatening to sue me for emotion distress. Does he have a valid case against me?

Asked on September 7, 2017 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, he does not: there is no legal claim or cause of action for emotional distress (or, for that matter, for defamation) for simply telling someone (e.g. the fiance) a true fact as long as doing it was not part of an ongoing pattern of harassment. There is also no legal claim for emotional distress for not being provided updates, etc. about your pregnancy or what happened with it. The law does not provide compensation for people being upset, unless the behavior which caused the upset was itself unquestionably wrongful, like ongoing harassment, bullying, defamation, etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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