What is the test for a person to be found guilty of infliction of emotional distress as a result of excessive use of alcohol?
MultiRegion, United States of America
The following excerpt is from Victoria v. City of San Diego, 326 F.Supp.3d 1003 (S.D. Cal. 2018):
Under California law, a prima facie case of IIED requires the following: (1) extreme and outrageous conduct by the defendant; (2) with the intention of causing, or reckless disregard of the probability of causing emotional distress; (3) "the plaintiff's suffering severe or extreme emotional distress"; and (4) "actual and proximate causation of the emotional distress by defendant's outrageous conduct." See Sabow v. United States , 93 F.3d 1445, 1454 (9th Cir. 1996).
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