What is the test for stating a cause of action for mental distress?

California, United States of America


The following excerpt is from Logan v. Southern Cal. Rapid Transit Dist., 136 Cal.App.3d 116, 185 Cal.Rptr. 878 (Cal. App. 1982):

The modern rule for stating this cause of action requires an allegation of conduct exceeding that which is usually tolerated by a decent society and of a nature which is expected to cause, and does cause, mental distress. (Agarwal v. Johnson (1979) 25 Cal.3d 932, 946, 160 Cal.Rptr. 141, 603 P.2d 58.)

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