Does the Court of Appeal rule that a complaint has failed to state a claim for intentional infliction of emotional distress?

California, United States of America


The following excerpt is from Hamilton v. Tootell, A144291 (Cal. App. 2016):

Plaintiff fails to specifically address the ruling that the complaint failed to state a claim for intentional infliction of emotional distress. Ordinarily, an appellant forfeits a claim of error by failing to raise the issue in the appellate briefing. (See Osornio v. Weingarten (2004) 124 Cal.App.4th 304, 316 , fn. 7 (" 'Issues do not have a life of their own: if they are not raised or supported by argument or citation to authority, we consider the issues waived.' ") Nevertheless, in the interest of justice, we address this issue and conclude that any claim of error fails on the merits.

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