What is the test for a plaintiff to bring a claim for emotional distress?

The seventh claim for relief alleges both negligent and intentional infliction of emotional distress. Defendants argue that the negligent infliction of emotional distress claim cannot survive because plaintiffs were neither a "direct victim" nor a "bystander" to the wrongful conduct. See Ochoa v. Superior Court, 39 Cal. 3d 159, 172-73 (1985) (plaintiff could not seek recovery as a direct victim but could as a bystander). Plaintiffs concur in defendants' argument and therefore the claims for negligent infliction of emotional distress claim will be dismissed without leave to amend.