What are the elements of intentional infliction of emotional distress?
California, United States of America
The following excerpt is from McKindra v. Tharaldson Fin. Grp., E069896 (Cal. App. 2019):
"The elements of the tort of intentional infliction of emotional distress are: ' "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct." ' " (Christensen v. Superior Court (1991) 54 Cal.3d 868, 903.)
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