What are the elements of a cause of action for intentional infliction of emotional distress?

California, United States of America


The following excerpt is from Copeland v. Good Samaritan Hosp., H039933 (Cal. App. 2014):

The elements of a cause of action for intentional infliction of emotional distress are: (1) the defendant engaged in extreme and outrageous conduct with the intent to cause, or with reckless disregard for the probability of causing, emotional distress; (2) the plaintiff suffered extreme or severe emotional distress; and (3) the defendant's extreme and outrageous conduct was the actual and proximate cause of the plaintiff's extreme or severe emotional distress. (So v. Shin (2013) 212 Cal.App.4th 652, 671.) " '[O]utrageous conduct' is conduct that is intentional or reckless and so extreme as to exceed all bounds of decency in a civilized community. [Citation.]" (Ibid.; CACI No. 1602, p. 807.)

Other Questions


What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
What are the elements of a cause of action for intentional infliction of emotional distress? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Can an employee bring a cause of action for intentional infliction of emotional distress against his employer? (California, United States of America)
Is a plaintiff's cause of action for intentional infliction of emotional distress deficient? (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)
Does a plaintiff have a cause of action for intentional infliction of emotional distress as a result of threats made against him by a defendant to his wife? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.