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330 N D St, Ste 542, San Bernardino, CA 92401
330 N D St, Ste 542, San Bernardino, CA 92401

“The elements of a claim for intentional interference with prospective economic relations are: an existing economic relationship between plaintiff and a third party, with the probability of future economic benefit to plaintiff; defendant’s knowledge of the relationship; intentional acts on the part of defendant designed to disrupt the relationship; actual disruption of the relationship; and economic harm to plaintiff proximately caused by defendant’s acts. Where brevity is appropriate, intentional interference with prospective economic advantage may be called ‘business interference’ and intentional inference with contractual relations may be referred to as ‘contract interference.'”

“The statute of limitations on a claim for interference with prospective economic relations is two years. The cause of action accrues when the interference occurs. ‘The amount of harm or loss includes the financial loss of . . . the prospective economic relationship.'”

“Plaintiff is entitled to damages for all harm proximately caused by defendant’s interference. Although damages for emotional distress are not routinely available for interference with prospective economic relations, they may be awarded where defendant’s conduct is “extreme and outrageous” and the circumstances make it objectively reasonable that plaintiff will suffer serious emotional distress. Punitive damages are awardable where plaintiff shows by clear and convincing evidence that defendant was guilty of oppression, fraud or malice. Injunctive relief is available in appropriate cases.”

[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]

Post Author: lawofficesofjamesrdickinson