What are the elements of a cause of action for intentional infliction of emotional distress?

California, United States of America


The following excerpt is from Copeland v. Good Samaritan Hosp., H039933 (Cal. App. 2014):

The elements of a cause of action for intentional infliction of emotional distress are: (1) the defendant engaged in extreme and outrageous conduct with the intent to cause, or with reckless disregard for the probability of causing, emotional distress; (2) the plaintiff suffered extreme or severe emotional distress; and (3) the defendant's extreme and outrageous conduct was the actual and proximate cause of the plaintiff's extreme or severe emotional distress. (So v. Shin (2013) 212 Cal.App.4th 652, 671.) " '[O]utrageous conduct' is conduct that is intentional or reckless and so extreme as to exceed all bounds of decency in a civilized community. [Citation.]" (Ibid.; CACI No. 1602, p. 807.)

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