What are the elements of intentional infliction of emotional distress?

California, United States of America


The following excerpt is from SimTel Communications v. National Broadcasting Co., Inc., 71 Cal.App.4th 1066, 84 Cal.Rptr.2d 329 (Cal. App. 1999):

" 'The elements of a prima facie case for the tort of intentional infliction of emotional distress [are] ... as follows: "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard [for] 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." ' [Citation.]" (Miller v. National Broadcasting Co., supra, 187 Cal.App.3d at p. 1487, 232 Cal.Rptr. 668.)

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