What are the elements of a prima facie claim for intentional infliction of emotional distress?
The following excerpt is from Moncrief v. Cal. Dep't of Corr., No. 2:12-cv-0414 MCE AC P (E.D. Cal. 2015):
The elements of a prima facie claim for intentional infliction of emotional distress are as follows: "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct." Davidson v. City of Westminster, 649 P.2d 894, 901 (Cal. 1982) (citations omitted). For conduct to be outrageous, it "must be so extreme as to exceed all bounds of that usually tolerated in a civilized community." Id.
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