What are the factors that determine whether a plaintiff has standing in a claim for emotional distress arising from the abuse of a deceased relative?

California, United States of America


The following excerpt is from Christensen v. Superior Court, 2 Cal.Rptr.2d 79, 54 Cal.3d 868, 820 P.2d 181 (Cal. 1991):

The source of a plaintiff's knowledge of misconduct which cannot be readily observed, and the time at which the knowledge was acquired, do not otherwise affect the plaintiff's standing to seek relief except insofar as the statute of limitations may bar the action. These factors instead go to the reasonableness of a plaintiff's claim to have suffered severe emotional distress and thus present issues for the trier of fact. We cannot say as a matter of law, as defendants would have us do, that belated discovery of mistreatment of the remains of a close relative cannot cause severe emotional distress. That suits may be filed by some persons as to whom the degree of suffering claimed is unreasonable is not a basis for denying relief to all. (Dillon v. Legg, supra, 68 Cal.2d 728, 736-739, 69 Cal.Rptr. 72, 441 P.2d 912.)

Other Questions


What is the test for determining whether a claim or claim arising from a motor vehicle accident is a claim for damages arising from an accident? (California, United States of America)
What is the test for determining whether an injury arising out of employment is a contributory factor in determining whether a claim can be made under section 3600 of the California Labor Code? (California, United States of America)
What is the test for a claim for emotional distress arising from an incident in which a patient suffered severe emotional distress? (California, United States of America)
What is the test for determining whether a physician is qualified to determine whether a plaintiff has a valid claim for medical malpractice? (California, United States of America)
What is the test for determining whether the court considered all relevant factors in determining a plaintiff's claim? (California, United States of America)
What is the test for determining whether a plaintiff's financial condition is to be considered a factor in determining whether to award punitive damages? (California, United States of America)
What are the factors used to determine whether a lawyer is liable for the emotional harm caused to a plaintiff in a medical malpractice case? (California, United States of America)
What is the test for determining whether a plaintiff has a claim against the other plaintiff? (California, United States of America)
What is the test for determining whether a plaintiff is entitled to a claim for damages when the claim is invalid? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.