California, United States of America
The following excerpt is from Kaabinejadian v. McGensy, C072574 (Cal. App. 2019):
Regarding the phone call, plaintiff fails to discuss the elements of extortion. Penal Code section 518 in effect at the time of the phone call provided in pertinent part: "Extortion is the obtaining of property from another, with his consent . . . induced by a wrongful use of force or fear." Penal Code section 519 in effect at the time of the phone call defined the term "fear" within the meaning of Penal Code section 518. "Fear, such as will constitute extortion, may be induced by a threat, either: [] 1. To do an unlawful injury to the person or property of the individual threatened or of a third person; or, [] 2. To accuse the individual threatened, or any relative of his, or member of his family, of any crime; or, [] 3. To expose, or to impute to him, or them any deformity, disgrace or crime; or, [] 4. To expose any secret affecting him or them." (Italics added.) Only threats that fall within one of these four categories are extortionate. (People v. Umana (2006) 138 Cal.App.4th 625, 639.) Based on plaintiff's own complaint and declaration, there is no evidence of the requisite threat here.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.