Elements Required to Win a Lawsuit
These are the elements required to win a lawsuit for the following common law torts (cause of action). Targeted America will soon have a section on "How to Represent Yourself" to explain how to executive a lawsuit successfully.
Private Nuisance - you must meet all 3 criteria
Invasion of Privacy - Intrusion Upon Seclusion - must meet all 4 criteria
Invasion of Privacy - Public Disclosure of Private Facts - must meet all 4 criteria
Invasion of Privacy -False Light - must meet all 4 criteria
Intentional Infliction of Emotional Distress (IIED) - must meet all 4 criteria
To establish defendant’s conduct caused plaintiff to suffer severe emotional distress, plaintiff must prove all of the following:
A defendant’s conduct is ‘outrageous’ when it is so ‘extreme as to exceed all bounds of that usually tolerated in a civilized community.’ And the defendant’s conduct must be ‘intended to inflict injury or engaged in with the realization that injury will result.’ ” (Hughes v. Pair (2009) 46 Cal.4th 1035, 1050—1051 [95 Cal.Rptr.3d 636, 209 P.3d 963])
Outrageous conduct” is conduct so extreme that it goes beyond all possible bounds of decency. Conduct is outrageous if a reasonable person would regard the conduct as intolerable in a civilized community. Outrageous conduct does not include trivialities such as indignities, annoyances, hurt feelings, or bad manners that a reasonable person is expected to endure.
Conduct to be outrageous must be so extreme as to exceed all bounds of that usually tolerated in a civilized community.” (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209 [185 Cal.Rptr. 252, 649 P.2d 894].)
The California Supreme Court has stated the required elements in at least two separate cases. The elements are (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 emotional distress must be severe and it must be such that no reasonable person in a civilized society should be expected to endure it. And it must be substantial or enduring rather than trivial or transitory.
“Severe emotional distress is emotional distress of such substantial quantity or enduring quality that no reasonable person in a civilized society should be expected to endure it.” Fletcher v. Western Life Insurance Co. (1970) 10 Cal.App.3d 376, 397.
In discussing the tort of intentional infliction of emotional distress, a venerable legal treatise, the Restatement of Torts states that, “Generally, the case is one in which the recitation of the facts to an average person would lead him to exclaim “THATS OUTRAGEOUS!!!” Restatement (Third) Torts § 45.
Assault - must meet both criteria
Battery - must meet all 4 criteria