In what circumstances will a plaintiff be able to recover consequential emotional distress damages?

California, United States of America


The following excerpt is from Krantz v. BT Visual Images, 107 Cal.Rptr.2d 209, 89 Cal.App.4th 164 (Cal. App. 2001):

In so concluding, we do not mean to be understood to endorse the recovery of consequential emotional distress damages as a matter of course. (See, e.g., Fuentes v. Perez (1977) 66 Cal.App.3d 163, 169 ["it has been the judicial experience that while emotional distress is but 'part of the human condition' and frequently the product of 'trivialities and mere bad manners' of others, it will occasionally result in profound . . . consequences . . . . [California] will ordinarily deny judicial relief, but will nevertheless afford it in extreme cases and where reason dictates that it be granted."].) But, to reiterate, we deal at this juncture only with the allegations of the amended complaint, not with the reality behind them. Viewing the allegations as true, as we must, we are unable to say the claim for consequential emotional damages cannot stand as a matter of law.4 It was thus error to grant the motion to strike those portions of the prayer for relief.

3.Were the challenged discovery rulings an abuse of discretion?

Other Questions


In what circumstances will a plaintiff be able to recover damages for emotional distress? (California, United States of America)
In what circumstances will the children of a plaintiff who received negligent services of an attorney be able to recover damages for negligently inflicted emotional distress? (California, United States of America)
In what circumstances will the Court of Appeal overturn a finding that emotional distress can be a cause of action for emotional distress? (California, United States of America)
In what circumstances will a plaintiff bring a claim for intentional infliction of emotional distress? (California, United States of America)
What are the emotional distress damages for a plaintiff in a personal injury action? (California, United States of America)
Can a plaintiff recover emotional distress from a misrepresentation made by respondent in a deposition? (California, United States of America)
Is a plaintiff entitled to damages for emotional distress? (California, United States of America)
In an action for breach of the Lemon Law Act, is a plaintiff entitled to damages for emotional distress? (California, United States of America)
Can a bystander who witnessed a motor vehicle accident recover damages for emotional distress? (California, United States of America)
Is a creditor entitled to claim damages from a plaintiff for emotional distress? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.