Opinion

Erlich v. Menezes

  • 87 Cal. Rptr. 2d 886
  • 21 Cal. 4th 543
  • 99 Daily Journal DAR 8687
  • 981 P.2d 978
  • 99 Cal. Daily Op. Serv. 6808
Court
California Supreme Court
Filed
Aug 23, 1999
Status
Published
Author
Werdegar
On the bench
Brown
Cited by
284 cases

stating that a duty giving rise to a tort action is “either completely independent of the contract or arises from conduct which is both intentional and intended to harm”

How later courts described this case

  • stating that a duty giving rise to a tort action is “either completely independent of the contract or arises from conduct which is both intentional and intended to harm”
  • explaining NIED claims based on an assumed duty may prevail only if “emotional 28 concerns are the essence” of the duty
  • “Focusing on intentional conduct gives substance to the proposition that a breach of 4 contract is tortious only when some independent duty arising from tort law is violated.”
  • “Focusing on 18 intentional conduct gives substance to the proposition that a breach of contract is tortious 19 only when some independent duty arising from tort law is violated.”

Written by the judges who cited it.

The opinion

*562 WERDEGAR, J., Concurring and Dissenting.

I concur in the majority opinion insofar as it holds that a plaintiff may not recover damages for emotional distress based on a defendant’s negligent breach of a contract to build a house when the defendant has breached no duty independent of the contract. Although I read the record differently as to whether these plaintiffs did, in fact, present an independent claim for negligence, in view of the majority’s conclusion that plaintiffs did not present such a claim (see maj. opn., ante, at pp. 548, 554), the discussion in part C of the majority opinion (id., at pp. 554-558) is unnecessary. I therefore express no opinion on the circumstances under which a tort plaintiff may recover damages for emotional distress.

Mosk, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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