What is the test for a claim for emotional distress arising from a breach of a settlement agreement?

California, United States of America


The following excerpt is from Reichelt v. Slotnick, B215506, Ct.No. EC046849. (Cal. App. 2010):

Appellant claimed damages arising from mental suffering allegedly caused by respondent's breach of the settlement agreement. "'[D]amages for mental suffering and emotional distress are generally not compensable in contract actions.' [Citations.] '"Recovery for emotional disturbance will be excluded unless the breach also caused bodily harm or the contract or the breach is of such a kind that serious emotional disturbance was a particularly likely result." [Citation.]'" (Dunkin v. Boskey (2000) 82 Cal.App.4th 171, 193.) Appellant argues that respondent knew appellant suffered from physical injuries which would be exacerbated by respondent's filing of the claim for lien status. We conclude that any breach of the agreement had as a particularly likely result serious emotional disturbance.

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