What are the elements of the tort of intentional infliction of emotional distress?

California, United States of America


The following excerpt is from Finsand v. Nationstar Mortg., LLC, H045052 (Cal. App. 2019):

The elements of the tort of intentional infliction of emotional distress are (1) extreme and outrageous conduct by the defendant; (2) extreme or severe emotional distress to the plaintiff; and (3) actual and proximate causation between the two. (Potter v. Firestone Tire & Rubber Co.(1993) 6 Cal.4th 965, 1001.) To be outrageous, the defendant's conduct must be either intentional or reckless, and it must be so extreme as to exceed all bounds of decency in a civilized community. (Ibid.)

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