Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)

Citation: Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Parent Document: Newby v. Alto Riviera Apartments, 60 Cal. App. 3d 288 (1976)
Jurisdiction: California (state)
Effective Date: 1976-07-20
Original Source: https://www.courtlistener.com/opinion/2155026/newby-v-alto-riviera-apartments/ ↗

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The modern rule is that there is liability for conduct exceeding all bounds usually tolerated by a decent society, of a nature which is especially calculated to cause, and does cause, mental distress. (See Prosser, Law of Torts (4th ed. 1971) p. 54.) Ordinarily mere insulting language, without more, does not constitute outrageous conduct. The Restatement view is that liability “does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.... There is no occasion for the law to intervene . . . where some one’s feelings are hurt.” (Rest.2d Torts, § 46, com. d.) Behavior may be considered outrageous if a defendant (1) abuses a relation or position which gives him power to damage the plaintiff’s interest; (2) knows the plaintiff is susceptible to injuries through mental distress; or (3) acts intentionally or unreasonably with the recognition that the acts are likely to result in illness through mental distress. (Prosser, Law of Torts, supra, at pp. 57-58; Rest.2d Torts, § 46, corns, e, f; 2 Fletcher v. Western National Life Ins. Co., supra,

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