What is the test for a claim for wrongful imprisonment, intentional infliction of emotional distress and false imprisonment?

California, United States of America


The following excerpt is from Wilson v. Houston Funeral Home, 42 Cal.App.4th 1124, 50 Cal.Rptr.2d 169 (Cal. App. 1996):

1 Earlier claims for intentional infliction of emotional distress and false imprisonment were dropped from the second amended complaint as it was clear from the face of the original complaint these claims were barred by the one-year statute of limitations. (Code Civ.Proc., 340, subd. (3).) (But see discussion below on false imprisonment as a breach of the implied covenant to provide an appropriate and dignified burial service.) Plaintiffs' brief on appeal does not address the purported cause of action for unfair business practices; thus any error in sustaining the demurrer as to this cause of action is deemed waived. (Troensegaard v. Silvercrest Industries (1985) 175 Cal.App.3d 218, 228, 220 Cal.Rptr. 712.)

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