Jacks v. Jacks

BRAY, J.

Plaintiff in propria persona purported to allege three causes of action for which he asked damages in varying but large amounts: count 1, against his son, his daughter and his brother for alienation of plaintiff’s wife’s affections; count 2, against his wife, (whom he designates as ‘ ‘ correspondent”) for “Refusal to have matrimonial relations”; count 3, against his brother for adultery.

1

Defendants demurred generally and that the alleged causes of action were barred by the statutes of limitation. The demurrer was sustained

[853]

without leave to amend. Plaintiff appeals from the judgment entered thereon.

Count 1. In 1939 the so-called “Anti-Heart Balm Statute,” section 43.5, Civil Code, was adopted providing “No cause of action arises for: (a) Alienation of affection.” Plaintiff vigorously attacks the constitutionality of the statute. However, that it is constitutional is well established in this state. (See

Langdon

v.

Sayre,

74 Cal.App.2d 41 [168 P.2d 57];

Thome

v.

Macken,

58 Cal.App.2d 76 [136 P.2d 116];

Rudley

v.

Tobias,

84 Cal.App.2d 454 [190 P.2d 984];

Ikuta

v.

Ikuta,

97 Cal.App.2d 787 [218 P.2d 854]. See also

Fearon

v.

Treanor,