“[A] parent who has the right to the custody, control, and services of a minor child may maintain an action for damages against anyone who unlawfully takes or withholds such child. . . . The right of action may be based not only on the loss of services but also on the parent's right to the care, custody, and companionship of the child.”
Surina v. Lucey, 168 Cal. App. 3d 539, 542-44 (1985) (citing Cal. Civ. Code §49 and the Rest. 2d Torts, § 700).
Civil Code section 49 prohibits the “abduction” or “enticement” of a child.
“Damages may also be recovered from the wrongdoer for the mental anguish and wounded feelings (i.e., emotional distress) resulting from the loss of the child and for the expenses incurred in vindicating the parent's rights. Additionally, the parent is entitled to punitive damages provided the defendant's conduct was actuated by malice.” Surina v. Lucey, 168 Cal. App. 3d 539, 544 (1985).
CALIFORNIA STATE COURTS
Supreme Court of California: None
California 1st District: None
California 2d District: Surina v. Lucey, 168 Cal. App. 3d 539, 542-44 (1985).
California 3d District: None.
California 4thDistrict: None.
California 5th District: None.
California 6th District: None.
CALIFORNIA FEDERAL COURTS
United States Court of Appeal for the 9th Circuit: None.
Central District: None.
Eastern District: None.
Northern District: None.
Southern District: None.