process evoked test (California) · Go Syfert
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process evoked test in California

10 California opinions name it 1 courts 1989–2024 4 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Cochran v. Cochrangreen
calctapp · 1998 · cited in 3 California opinions naming this issue, 2013–2024
2 sentences

2024The process evoked by the test appears to be more intuitive than analytical . . . .” ’ ” (Cochran, supra, 65 Cal.App.4th at p. 494 .) “In evaluating whether the defendant’s conduct was outrageous, it is ‘not . . . enough that the defendant has acted with an intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by “malice,” or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort.

2013The process evoked by the test appears to be more intuitive than analytical . . . .” [Citation.]’ (KOVR-TV[, Inc. v. Superior Court (1995)] 31 Cal.App.4th [1023,] 1028 [ 37 Cal.Rptr.2d 431 ].)” (Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494 [ 76 Cal.Rptr.2d 540 ].) Thus, whether conduct is “outrageous” is usually a question of fact. ( Ragland, supra, 209 Cal.App.4th at p. 204 ; Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1045 [ 90 Cal.Rptr.3d 453 ].) The court applied these principles to hold that summary judgment was improperly granted for the defendant

13
Yurick v. Superior Courtgreen
calctapp · 1989 · cited in 2 California opinions naming this issue, 1995–2022
2 sentences

2022The process evoked by the test appears to be more intuitive than analytical.” (Yurick v. Superior Court (1989) 209 Cal.App.3d 1116, 1128 .) Consequently, whether conduct is “outrageous” ordinarily is a question of fact.

1995The process evoked by the test appears to be more intuitive than analytical . . . .” (Yurick v. Superior Court (1989) 209 Cal.App.3d 1116, 1128 [ 257 Cal.Rptr. 665 ].) The videotape interview of the minors lasted two minutes.

12
Spinks v. Equity Residential Briarwood Apartmentsgreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2013–2013
2 sentences

2013The process evoked by the test appears to be more intuitive than analytical . . . .” [Citation.]’ (KOVR-TV[, Inc. v. Superior Court (1995)] 31 Cal.App.4th [1023,] 1028 [ 37 Cal.Rptr.2d 431 ].)” (Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494 [ 76 Cal.Rptr.2d 540 ].) Thus, whether conduct is “outrageous” is usually a question of fact. ( Ragland, supra, 209 Cal.App.4th at p. 204 ; Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1045 [ 90 Cal.Rptr.3d 453 ].) The court applied these principles to hold that summary judgment was improperly granted for the defendant

2013The process evoked by the test appears to be more intuitive than analytical . . . .” [Citation.]’ (KOVR-TV[, Inc. v. Superior Court (1995)] 31 Cal.App.4th [1023,] 1028 [ 37 Cal.Rptr.2d 431 ].)” (Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494 [ 76 Cal.Rptr.2d 540 ].) Thus, whether conduct is “outrageous” is usually a question of fact. ( Ragland, supra, 209 Cal.App.4th at p. 204 ; Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1045 [ 90 Cal.Rptr.3d 453 ].) The court applied these principles to hold that summary judgment was improperly granted for the defendant

11
Ankeny v. Lockheed Missiles & Space Co.green
calctapp · 1979 · cited in 1 California opinions naming this issue, 1998–1998
2 sentences

1998(See, e.g., Ankeny v. Lockheed Missiles & Space Co. (1979) 88 Cal.App.3d 531, 536-537 [ 151 Cal.Rptr. 828 ].) Because appellants contend they can allege additional facts to support their emotional distress claims, we will set them forth accordingly and consider them in reviewing the sufficiency of their first amended complaint: 3 (1) Respondent allowed his wife to be publicly presented as the mother of his and Patricia’s son, prompting appellants to *495 publicly reveal the truth about their relationships with respondent; (2) as a result of appellants’ public disclosures, respondent became “en

1998(See, e.g., Ankeny v. Lockheed Missiles & Space Co. (1979) 88 Cal.App.3d 531, 536-537 [ 151 Cal.Rptr. 828 ].) Because appellants contend they can allege additional facts to support their emotional distress claims, we will set them forth accordingly and consider them in reviewing the sufficiency of their first amended complaint: 3 (1) Respondent allowed his wife to be publicly presented as the mother of his and Patricia’s son, prompting appellants to *495 publicly reveal the truth about their relationships with respondent; (2) as a result of appellants’ public disclosures, respondent became “en

11
Jacobellis v. Ohiogreen
scotus · 1964 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989Acknowledging that it defied definition, he settled for an ad hoc test: “I know it when I see it.” (Jacobellis v. Ohio (1964) 378 U.S. 184, 197 [ 12 L.Ed.2d 793, 804 , 84 S.Ct. 1676 ].) Fortunately, in assessing conduct for its outrageousness quotient, some general guidance can be found in the learned treatises.

1989Acknowledging that it defied definition, he settled for an ad hoc test: “I know it when I see it.” (Jacobellis v. Ohio (1964) 378 U.S. 184, 197 [ 12 L.Ed.2d 793, 804 , 84 S.Ct. 1676 ].) Fortunately, in assessing conduct for its outrageousness quotient, some general guidance can be found in the learned treatises.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
KOVR-TV, Inc. v. Superior Court green
calctapp · 1995
2 sentences

2023The process evoked by the test appears to be more intuitive than analytical. . . .’ ” (KOVR-TV, Inc. v. Superior Court (1995) 31 Cal.App.4th 1023, 1028 .) The trial court sustained the demurrer to the IIED cause of action because Berry had consented to the intracardiac injection “which resulted in the desired outcome,” the euthanasia procedure was not done in Berry’s immediate presence thereby barring emotional distress damages, and there were no allegations of extreme and outrageous conduct.

2023The process evoked by the test appears to be more intuitive than analytical. . . .’ ” (KOVR-TV, Inc. v. Superior Court (1995) 31 Cal.App.4th 1023, 1028 .) The trial court sustained the demurrer to the IIED cause of action because Berry had consented to the intracardiac injection “which resulted in the desired outcome,” the euthanasia procedure was not done in Berry’s immediate presence thereby barring emotional distress damages, and there were no allegations of extreme and outrageous conduct.

51998–2023
Yun Hee So v. Sook Ja Shin green
calctapp · 2013
2 sentences

2022(So v. Shin, supra, at p. 672 ; see CACI No. 1602 [outrageous conduct defined].) Despite the generality of the test for outrageous conduct, case law has established some general guidelines.

2014The process evoked by the test appears to be more intuitive than analytical . . . .' [Citation.]" ' " (So, supra, 212 Cal.App.4th at p. 671 ; KOVR-TV, Inc. v. Superior Court (1995) 31 Cal.App.4th 1023, 1028 .) Under these authorities, a plaintiff must overcome a high bar to establish a defendant acted in a sufficiently egregious manner to recover on an intentional infliction of emotional distress claim.

22014–2022
Bundren v. Superior Court green
calctapp · 1983
2 sentences

2013The process evoked by the test appears to be more intuitive than analytical . . . .” [Citation.]’ (KOVR-TV[, Inc. v. Superior Court (1995)] 31 Cal.App.4th [1023,] 1028 [ 37 Cal.Rptr.2d 431 ].)” (Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494 [ 76 Cal.Rptr.2d 540 ].) Thus, whether conduct is “outrageous” is usually a question of fact. ( Ragland, supra, 209 Cal.App.4th at p. 204 ; Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1045 [ 90 Cal.Rptr.3d 453 ].) The court applied these principles to hold that summary judgment was improperly granted for the defendant

2013The process evoked by the test appears to be more intuitive than analytical . . . .” [Citation.]’ (KOVR-TV[, Inc. v. Superior Court (1995)] 31 Cal.App.4th [1023,] 1028 [ 37 Cal.Rptr.2d 431 ].)” (Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494 [ 76 Cal.Rptr.2d 540 ].) Thus, whether conduct is “outrageous” is usually a question of fact. ( Ragland, supra, 209 Cal.App.4th at p. 204 ; Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1045 [ 90 Cal.Rptr.3d 453 ].) The court applied these principles to hold that summary judgment was improperly granted for the defendant

12013–2013
Fowler v. Varian Associates, Inc. green
calctapp · 1987
1 sentence

2013(Fowler v. Varian Associates, Inc. (1987) 196 Cal.App.3d 34, 44 .) In the context of this case, the alleged nonprivileged conduct -- hang-up telephone calls to Litchfield’s law office and, on one occasion, slashing Litchfield’s car tire -- did not meet the high threshold for outrageous conduct required by the law.

12013–2013
Ragland v. U.S. Bank National Ass'n green
calctapp · 2012
1 sentence

2013The process evoked by the test appears to be more intuitive than analytical . . . .” [Citation.]’ (KOVR-TV[, Inc. v. Superior Court (1995)] 31 Cal.App.4th [1023,] 1028 [ 37 Cal.Rptr.2d 431 ].)” (Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494 [ 76 Cal.Rptr.2d 540 ].) Thus, whether conduct is “outrageous” is usually a question of fact. ( Ragland, supra, 209 Cal.App.4th at p. 204 ; Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal.App.4th 1004, 1045 [ 90 Cal.Rptr.3d 453 ].) The court applied these principles to hold that summary judgment was improperly granted for the defendant

12013–2013

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