What is the test for outrageous conduct in a claim for emotional distress?

California, United States of America


The following excerpt is from Symonds v. Mercury Savings & Loan Assn., 225 Cal.App.3d 1458, 275 Cal.Rptr. 871 (Cal. App. 1990):

In determining whether the conduct is sufficiently outrageous or unreasonable to become actionable, it is not enough that the creditor's behavior is rude or insolent. (Bundren v. Superior Court, supra, 145 Cal.App.3d 784, 790, 193 Cal.Rptr. 671; Rest.2d Torts, 46, com. e, p. 74.) However, such conduct may rise to the level of outrageous conduct where the creditor knows the debtor is susceptible to emotional distress because of her physical or mental condition. (Bundren v. Superior Court, supra, 145 Cal.App.3d at p. 790, 193 Cal.Rptr. 671; Rest.2d Torts, 46, com. f, p. 75.)

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