How To Prove A California Intentional Infliction of Emotional Distress Claim

 

How To Prove A California Intentional Infliction of Emotional Distress Claim

 

In California, a claim of Intentional Infliction of Emotional Distress is defined as:

Intentional infliction of emotional distress occurs when a person says or does something so outrageous or insulting that another suffers emotional damage as a result.

It simply means:

When a party purposefully causes someone psychological suffering.

There are 4 elements of the claim:

  • Element 1. The defendant displayed outrageous conduct. The defendant acted in a shocking and extreme way that goes beyond what is considered acceptable, causing significant emotional pain to the victim.

    Facts that might support this element look like:

    * The defendant repeatedly harassed the plaintiff with threatening messages over several weeks, causing significant emotional distress.
    * During a public event, the defendant publicly humiliated the plaintiff by making derogatory remarks about their personal life.
    * The defendant vandalized the plaintiff’s property with offensive graffiti, intending to provoke fear and anxiety.
    * The defendant spread false rumors about the plaintiff’s character, leading to social ostracism and severe emotional turmoil.
    * The defendant intentionally staged a fake emergency involving the plaintiff, causing panic and distress among the plaintiff’s family and friends.

  • Element 2. The defendant’s conduct was intended to cause emotional distress. The defendant acted in a way that they knew would likely upset or hurt the feelings of another person, showing that their actions were meant to cause emotional pain or distress.

    Facts that might support this element look like:

    * The defendant repeatedly made derogatory comments about the plaintiff’s appearance in front of their peers, intending to humiliate them.
    * The defendant sent threatening messages to the plaintiff, explicitly stating their desire to cause emotional harm.
    * The defendant organized a public event to mock the plaintiff, knowing it would lead to significant emotional distress.
    * The defendant intentionally spread false rumors about the plaintiff’s personal life, aiming to damage their reputation and mental well-being.
    * The defendant engaged in a pattern of harassment, persistently targeting the plaintiff with insults and intimidation over several months.

  • Element 3. The plaintiff suffered severe emotional distress. The plaintiff experienced intense emotional pain and suffering, such as anxiety, depression, or fear, due to the defendant’s outrageous and harmful actions, which went beyond what a reasonable person should have to endure.

    Facts that might support this element look like:

    * The plaintiff received repeated harassing messages from the defendant, which caused significant anxiety and fear for their safety.
    * The plaintiff experienced insomnia and panic attacks after the defendant publicly humiliated them at a community event.
    * The plaintiff sought therapy for depression and anxiety as a direct result of the defendant’s actions.
    * The plaintiff was isolated from friends and family due to the emotional turmoil caused by the defendant’s behavior.
    * The plaintiff reported feeling hopeless and helpless, leading to a decline in their overall quality of life.

  • Element 4. The defendant’s conduct was a substantial factor in causing the plaintiff’s severe emotional distress. The defendant’s actions played a major role in causing the plaintiff significant emotional pain, meaning that what the defendant did directly contributed to the distress the plaintiff experienced.

    Facts that might support this element look like:

    * The defendant repeatedly harassed the plaintiff with threatening messages over several weeks, causing significant anxiety and fear.
    * The defendant publicly humiliated the plaintiff during a work meeting, leading to severe embarrassment and loss of self-esteem.
    * The defendant intentionally spread false rumors about the plaintiff, resulting in social isolation and emotional turmoil.
    * The defendant’s actions included stalking the plaintiff, which created a constant state of fear and distress in the plaintiff’s daily life.
    * The defendant ignored the plaintiff’s requests to cease contact, exacerbating the plaintiff’s feelings of helplessness and emotional suffering.

(See California Civil Jury Instructions (CACI), No. 1600. Spinks v. Equity Residential Briarwood Apartments, 171 Cal. App. 4th 1004 (Cal: Court of Appeal, 6th Appellate Dist. 2009).)
If you’re in court without a lawyer and plan to assert a Claim of Intentional Infliction of Emotional Distress, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

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