“Peace of mind is a legally protected interest in California, and the intentional invasion of that interest may give rise to a claim for intentional infliction of emotional distress.” To prevail on such a claim, the plaintiff must prove: (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.”
The statute of limitations for a claim of intentional infliction of emotional distress is two years. “The cause of action accrues when the plaintiff suffers ‘severe’ distress as a result of the defendant’s conduct itself.”
The plaintiff may recover compensatory damages for “highly unpleasant mental reactions, including fright, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment or worry caused by [the] defendant’s outrageous acts.” And, given the nature of the tort, she may be able to recover punitive damages.
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
