“The essential elements to pleading a negligent infliction of emotional distress claim as a bystander under California law are: 1. The defendant negligently caused injury to, or death of, a third party; 2. The plaintiff was present at the scene of the injury when it occurred and was aware that the third party was being injured; 3. The plaintiff suffered serious emotional distress; and 4. The defendant’s conduct was a substantial factor in causing the plaintiff’s serious emotional distress.”
[California Elements of an Action [certain citations omitted]]
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