The following excerpt is from Garcia v. U.S., 77 F.3d 488 (9th Cir. 1996):
"Behavior may be considered outrageous if a defendant (1) abuses a relation or position which gives him power to damage the plaintiff's interests; (2) knows the plaintiff is susceptible to injuries through mental distress; or (3) acts intentionally or unreasonably with the recognition that the acts are likely to result in illness through mental distress." Agarwal v. Johnson, 603 P.2d 58, 67 (Cal.1979).
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