Cooper v. Superior Court

Opinion

THOMPSON, J.

This petition for a writ of mandate involves the issue of when a cause of action can be stated for negligent infliction of emotional distress arising out of injury to property. Because petitioner Joyce Cooper (“Cooper”) has not made the requisite threshold showing, we will deny the petition.

Cooper brought an action against real parties in interest here, Lomita Trenching and Excavating Corporation (Lomita), Rolling Hills Nursery (Nursery), Albert and Claire Kaufman (Kaufmans) and Jack Irvine. Cooper’s complaint alleged that the defendants negligently allowed Lomita’s tractor…