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 extreme and outrageous character of the conduct may arise from the actor’s knowledge that the other is peculiarly susceptible to emotional distress, by reason of some physical or mental condition or peculiarity. The conduct may become heartless, flagrant, and outrageous when the actor proceeds in the face of such knowledge, where it would not be so if he did not know. It must be emphasized again, however, that major outrage is essential to the tort; and the mere fact that the actor knows that the other will regard the conduct as insulting, or will have his feelings hurt, is not enough.” 3

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