California, United States of America
The following excerpt is from Steve H. v. Wendy S., 57 Cal.App.4th 379, 67 Cal.Rptr.2d 90 (Cal. App. 1997):
In reviewing the ruling on a demurrer, "we are guided by long-settled rules. 'We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.... We also consider matters which may be judicially noticed.' ... Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.... When a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of action.... And when it is sustained without leave to amend, we decide whether there is a reasonable possibility that the defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm.... The burden of proving such reasonable possibility is squarely on the plaintiff." (Blank v. Kirwan, supra, 39 Cal.3d at p. 318, 216 Cal.Rptr. 718, 703 P.2d 58, citations omitted.)
"The elements of a cause of action for intentional infliction of emotional distress are (1) outrageous conduct by the defendant, (2) intention to cause or reckless disregard of the probability of causing emotional distress, (3) severe emotional suffering, and (4) actual and proximate causation of the emotional distress.... [p] ... [p] Conduct is extreme and outrageous when it ' " 'exceeds all bounds [of decency] usually tolerated by a decent society, [and is] of a nature which is especially calculated to cause, and does cause, mental distress....' " ' ... Liability 'does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.' " (Molko v. Holy Spirit Assn. (1988) 46 Cal.3d 1092, 1120, 1122, 252 Cal.Rptr. 122, 762 P.2d 46, citations omitted, bracketed material added in Molko.)
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