Volume 85 — North Carolina Court of Appeals Reports

1. Libel and Slander 1 — legal proceeding not yet begun — statements privileged Plaintiff did not state a claim for defamation where plaintiff alleged that defendant's attorney mailed to plaintiff's employer's attorney a letter and complaint which had not yet been filed alleging that plaintiff had obtained property by false pretense and demanding $20,500 plus interest if the complaint was not to be filed. An absolute privilege exists not only with respect to statements made in the course of a pending judicial proceeding but also with respect to communications relevant to proposed judicial proceedings. 2. Extortion 1 — civil claim for attempted extortion — claim not stated Plaintiff's claim for attempted extortion was properly dismissed where defendant's attorney stated in a letter to plaintiff's employer's attorney that an attached complaint would be filed if plaintiff's employer did not pay by a specified date an amount to which defendant claimed it was entitled. A statement of intention to file a suit to enforce one's claimed legal rights is neither a threat nor the exercise of unlawful or wrongful coercion. 3. Appeal and Error 45.1 — failure to state claims upon which relief could be granted — two claims not argued in brief — considered by court The Court of Appeals considered whether plaintiff's complaint stated claims for intentional infliction of mental distress and unfair trade practices, even though the brief addressed only plaintiff's defamation claim, because dismissal of plaintiff's complaint would not be appropriate if the complaint was sufficient to state a claim under any legal theory. 4. Trespass 2 — intentional infliction of mental distress — threat of civil lawsuit — claim not sufficient The acts of defendant in sending a letter of demand to an adverse party in anticipation of litigation together with a proposed complaint<page_number>Page 670</page_number> setting forth the basis of the claim may not be reasonably regarded as extreme and outrageous conduct sufficient to support a claim for intentional infliction of mental distress. 5. Unfair Competition 1 — threat of civil lawsuit — not unfair and deceptive trade practice A communication from defendant's attorney to the attorney for plaintiffs employer concerning the subject matter of the disputed claim was neither unfair nor deceptive in view of the strong public policy favoring freedom of communication between parties and their attorneys with respect to anticipated or pending litigation.