What are the elements of a tort action for invasion of privacy, false light and intentional infliction of emotional distress?

California, United States of America


The following excerpt is from Duchan v. L. A. Unified Sch. Dist., B279524 (Cal. App. 2018):

To establish a claim for invasion of privacy, false light, a plaintiff must show the same elements as required to establish a defamation claim. (Hawran v. Hixson, supra, 209 Cal.App.4th at p. 277.) As set forth above, appellant cannot meet those requirements, thus he is not likely to prevail on this claim.

"A cause of action for intentional infliction of emotional distress exists where there is "'"'(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.'"'" [Citations.]" (Hughes v. Pair (2009) 46 Cal.4th 1035, 1050.) A defendant's conduct is "'outrageous'" when it is so "'"'extreme as to exceed all bounds of that usually tolerated in a civilized community.'"'" (Id. at p. 1051.) Further, the defendant's conduct must be "'"'intended to inflict injury or engaged in with the realization that injury will result.'"'" (Id. at p. 1051.)

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