Is a plaintiff entitled to damages for emotional distress?
California, United States of America
The following excerpt is from Auburn Woods I Homeowners Association v. Fair Employment and Housing Commission, C044087 (CA 9/3/2004), C044087 (Cal. 2004):
Damages for emotional distress, which "are not pecuniarily measurable, [and] defy a fixed rule of quantification," are a matter left to the trier of fact to assess. (Walnut Creek Manor v. Fair Employment & Housing Com. (1991) 54 Cal.3d 245, 263, overruled on other grounds in Konig v. Fair Employment & Housing Com., supra, 28 Cal.4th 743.)
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