You CAN sue for emotional distress in small claims court!

[Starnexus]

What is the name of your state (only U.S. law)? California


I am posting this just as a warning to those coming here for advice. I asked a question and I was told by a few respondents that I could not sue for emotional distress in small claims court. Well it turns out a little research revealed something different.

According to Contra Costa Country Superior Court Virtual Self Help page:

Under the page "What kinds of cases are heard in small claims courts
Emotional Distress

Intentional infliction of emotional distress (extreme personal suffering caused by someone on purpose);
Negligent infliction of emotional distress (extreme personal suffering caused by someone because they were not careful).

http://cc-courthelp.org/index.cfm?fuseaction=Page.ViewPage&pageId=4829

Be careful when coming on the internet for advice. I'm sure most people are well intentioned but you don't really know the knowledge or experience of that person on the other side of the screen giving advice.

DO YOUR OWN RESEARCH

 

[quincy]

What is the name of your state (only U.S. law)? California


I am posting this just as a warning to those coming here for advice. I asked a question and I was told by a few respondents that I could not sue for emotional distress in small claims court. Well it turns out a little research revealed something different.

According to Contra Costa Country Superior Court Virtual Self Help page:

Under the page "What kinds of cases are heard in small claims courts
Emotional Distress

Intentional infliction of emotional distress (extreme personal suffering caused by someone on purpose);
Negligent infliction of emotional distress (extreme personal suffering caused by someone because they were not careful).

http://cc-courthelp.org/index.cfm?fuseaction=Page.ViewPage&pageId=4829

Be careful when coming on the internet for advice. I'm sure most people are well intentioned but you don't really know the knowledge or experience of that person on the other side of the screen giving advice.

DO YOUR OWN RESEARCH

For your benefit, Starnexus, and for the benefit of other readers of this thread, here is a link to your other thread:

https://forum.freeadvice.com/civil-litigation-46/can-i-successfully-sue-someone-being-accomplice-613637.html

Because you seem to have forgotten what you were told in your other thread on filing a suit against someone who took over your Facebook page - and your desire to seek compensation for the emotional distress you suffered as a result - here are a few quotes from the forum members who responded to your thread:

"Nor are you likely to collect anything for emotional distress ..."

"... for which he is unlikely to receive compensation ... "

"Either is extremely hard to win ..."

"I believe it would be impossible to ascertain that your mental health issues are/were the direct result ..."

"It is highly unlikely ... but be prepared with proof of the emotional distress ... "

"The elements of an emotional distress claim are not easily met ..."

"You have to PROVE that you suffered significant emotional anguish ..."

"... you need to show damages ..."


And a link was provided to you with the elements that must be met for an emotional distress claim to be successful.

No one said you could not sue for emotional distress. We said that you are unlikely to collect on such a claim for losing control of your Facebook page when you freely gave access to the page to another.

I agree that one needs to be careful when looking for advice on the internet and it is important to verify all that you find. Look to the sources. There are a lot of people on the internet who provide erroneous information - sort of like the information you just provided on the advice you received, Starnexus.

I will say once again that I think it is unlikely you will receive compensation for the emotional distress you claim you have suffered over your Facebook page. Emotional distress claims require evidence that you do not appear to have.

Good luck.

 

[CdwJava]

You were told that you would have to prove this extreme emotional abuse, and you failed to provide any information on objective medical or professional evaluations that would have proven this to be the case. Not to mention the other difficulties with your case that make this a nearly impossible task.

 

[quincy]

Here is a link to an article from Portfolio Media, Inc., written about emotional distress claims in California and the difficulty in winning such a claim:

http://www.mofo.com/~/media/Files/Articles/2015/03/150310ClarityforCalifNegligent.pdf

And here is a link to the case mentioned in the article, Wilson v. Southern California Edison Co:

http://www.courts.ca.gov/opinions/documents/B249714.PDF

Again, these are not easy claims to win.

 

[Starnexus]

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Quote Originally Posted by Starnexus View Post
Yes I have all that evidence ready stating he was to HELP me run the group. Then of him saying he was resigning. So yes I've got that part covered and no for facebook groups there are no different tiers either you are an administrator or a member and nothing else. Believe me I WISH fb did have more than two tiers. I was also told to expect that someone people wouldn't understand how much this meant to me (hence some of the replies to this thread) so I have to make sure I communicate this to the judge in court. Well, we have to go to mediation first so we'll see what happens there.

Like everyone else, I can't see you winning this no matter where you file suit.

If you file in small claims, you can't file for emotional distress - you need to show actual damages.

 

[Starnexus]

I don't want to rehash this again. Quincy your advice was decent and I thank you for it.

But I will say I stated I have the messages from the gentleman bragging about what he had done and based on conversations we had had prior that these actions would be hurtful to me. I stand by my thread and we'll see what a judge thinks of my small claim.

 

[CdwJava]

Proving that he usurped your position as admin. of a Facebook page is NOT the same as proving that you suffered significant emotional distress. If that sort of thing distresses you, I suggest you need some real therapy.

 

[quincy]

I don't want to rehash this again. Quincy your advice was decent and I thank you for it.

But I will say I stated I have the messages from the gentleman bragging about what he had done and based on conversations we had had prior that these actions would be hurtful to me. I stand by my thread and we'll see what a judge thinks of my small claim.

Please read the links I provided above, Starnexus.

Actions that are merely "hurtful" are not enough to support an emotional distress claim. The emotional distress must be, to quote the Court, "so extreme as to exceed all bounds of that usually tolerated in a civilized community."

You received good advice in your other thread and you received it from knowledgeable and experienced members of this forum. To characterize the advice you received differently now is a bit unfair to those who took the time to respond.

Good luck in court.

 

[Starnexus]

Proving that he usurped your position as admin. of a Facebook page is NOT the same as proving that you suffered significant emotional distress. If that sort of thing distresses you, I suggest you need some real therapy.

A group I spent money and time (7 years) to promote and use as part of my business and he sent me messages bragging about it and insulting me. I don't know how many times I have to explain that this was NOT just a regular facebook group.

 

[Starnexus]

Please read the links I provided above, Starnexus.

Actions that are merely "hurtful" are not enough to support an emotional distress claim. The emotional distress must be, to quote the Court, "so extreme as to exceed all bounds of that usually tolerated in a civilized community."

You received good advice in your other thread and you received it from knowledgeable and experienced members of this forum. To characterize the advice you received differently now is a bit unfair to those who took the time to respond.

Good luck in court.

A couple of things Quincy the article you posted was bout NEGLIGENT Emotional distress AND SO CAL edison had made efforts to abate the situation. My claim is about intentional infliction of emotional distress. Not the same thing. The standard for negligent acts (or lack of acts altogether) caused emotional distress vs an intentional act (like oh say taking someone's property and then bragging about it to that person) are very different.

https://www.youtube.com/watch?v=Quv1HUgpf-E

But back to what this thread is about. I was told I couldn't file a small case action in California for emotional distress. That is NOT true. Period. You CAN file a claim for IIED in small claims. The advice was bad. Period. People should do their research instead of just taking the word off someone from the internet.

Thank you for wishing me luck in court

 

[CdwJava]

A group I spent money and time (7 years) to promote and use as part of my business and he sent me messages bragging about it and insulting me. I don't know how many times I have to explain that this was NOT just a regular facebook group.

You still have to PROVE extreme emotional distress! So, what medical or therapy bills do you have to prove this? What doctors or counselors are willing to testify that you have been traumatized over this event?

It is NOT as easy as marching into court and saying you got your feelings hurt! You seem to think that because you were wronged you are due some sort of recompense. The law doesn't work that way. Sorry.

And emotional distress claims are limited in Small Claims which is why they are most often pursued in Superior Court. I don't know that anyone said you could NOT pursue them, but, it's certainly not the typical venue to pursue them in because of the burden of proof (and the expense of bringing in the experts/doctors necessary to try and prove these claims).

 

[Proserpina]

Proserpina
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Quote Originally Posted by Starnexus View Post
Yes I have all that evidence ready stating he was to HELP me run the group. Then of him saying he was resigning. So yes I've got that part covered and no for facebook groups there are no diffI erent tiers either you are an administrator or a member and nothing else. Believe me I WISH fb did have more than two tiers. I was also told to expect that someone people wouldn't understand how much this meant to me (hence some of the replies to this thread) so I have to make sure I communicate this to the judge in court. Well, we have to go to mediation first so we'll see what happens there.

Like everyone else, I can't see you winning this no matter where you file suit.

If you file in small claims, you can't file for emotional distress - you need to show actual damages.

Ooooh I got a mention! Thank you! Clearly, I was wrong. For that I do sincerely apologize. However, I stand by my statement regarding your mental distress.

Since we're here, and posting linkies, I'll just go right ahead shall I? These pertain to the reality of the game...

http://commonlaw.findlaw.com/2012/05/when-can-you-sue-for-emotional-distress.html

http://www.justanswer.com/personal-injury-law/67rcy-state-california-sue-emotional-distress.html

http://en.wikipedia.org/wiki/Negligent_infliction_of_emotional_distress

Isn't California just so much fun?

I predict another response or thread, in about 2 weeks time, telling us that he was successful and the court didn't just rule in his favor but also punished the respondent.

Any takers?

 

[quincy]

A couple of things Quincy the article you posted was bout NEGLIGENT Emotional distress AND SO CAL edison had made efforts to abate the situation. My claim is about intentional infliction of emotional distress. Not the same thing. The standard for negligent acts (or lack of acts altogether) caused emotional distress vs an intentional act (like oh say taking someone's property and then bragging about it to that person) are very different.

https://www.youtube.com/watch?v=Quv1HUgpf-E

But back to what this thread is about. I was told I couldn't file a small case action in California for emotional distress. That is NOT true. Period. You CAN file a claim for IIED in small claims. The advice was bad. Period. People should do their research instead of just taking the word off someone from the internet.

Thank you for wishing me luck in court

Here then is a link to the elements for Intentional Infliction of Emotional Distress:
https://www.justia.com/trials-litigation/docs/caci/1600/1600.html

You can see how similar the elements are (up to and including the "extreme and outrageous conduct"). But with an intentional infliction of emotional distress, you have the additional hurdle (and it is a HIGH hurdle) of proving an intent to harm.

Emotional distress claims are NOT easy to win, whether they are for NIED or IIED. The emotional distress must be severe. I still do not see that you have anywhere near enough to support an emotional distress claim.

I do not like threads like these. I question the motives of the posters who feel these types of threads are necessary. Yes, people should never blindly accept what they read on the internet. There is a lot of garbage on the internet. Investigating the sources of information is always important, whether you gather the information online or in a library or on TV or elsewhere. This is said in the NOTICE at the bottom of each page on this forum, and in the Terms and Conditions when registering. The advice to rely on is the advice you receive from a lawyer in your own jurisdiction who has the opportunity to personally review your legal concerns and can advise you accordingly based on this personal review.

That said, you heard from knowledgeable and experienced members of this forum and you received good, solid advice and links to additional good, solid information. Do with it what you want.

Again, good luck in court.

 

[LeeHarveyBlotto]

I don't know how many times I have to explain that this was NOT just a regular facebook group.

It doesn't matter how many time you explain it. It's the freakin' internet. It's a bunch of electrons traveling across a bunch of wires. That's all it is. As was mentioned before, if this is something that ruins one's life, lawyers are not the professionals they need.

 

[Zigner]

Since we're doing this again, I'll remind the OP about that near certainty that he'll be sued for malicious prosecution after the other party wins. His case has NO merit what-so-ever and any reasonable person would see that.