Of 352 California IIED claims tested on demurrer, only 25 were pled alone, with no companion claim. Which companion the other 327 rode with tracks how often the IIED claim died for good.
The number
"Died for good" means the demurrer was sustained without leave to amend. Among the claims the court decided:
| Companion claim | Died for good | Survived (overruled) |
|---|---|---|
| None (pled alone) | 10 of 25 | 7 of 25 |
| Habitability or landlord-tenant claim | 10 of 74 (13.5%) | 30 of 74 (40.5%) |
| Employment claim | 11 of 78 (14.1%) | 30 of 78 (38.5%) |
| Other claims (assault, fraud, elder abuse and similar) | 48 of 150 (32.0%) | 39 of 150 (26.0%) |
| Both a habitability and an employment claim | 1 of 11 | 6 of 11 |
The rest were sustained with leave to amend.
Paired with a landlord claim, IIED died for good at about a third of the standalone death rate (13.5% vs. 40.0%).
What decides it
The elements: The companion claim does not change the doctrine. Every IIED claim must plead the same elements: extreme and outrageous conduct, intended to cause or in reckless disregard of causing emotional distress; severe or extreme emotional distress; and causation (Hughes v. Pair (2009) 46 Cal.4th 1035). Outrageous conduct must "exceed all bounds of that usually tolerated in a civilized community" (id., quoting Potter v. Firestone Tire & Rubber Co.).
Association: What the numbers show is an association, not a cause. The facts that plead a companion claim, such as what a landlord knew and how long it waited, are often the same facts an IIED claim needs. That may explain part of the pattern. The data show which pairings died less often; they do not show why.
The landlord exception: The landlord pairing has its own doctrine. Burnett v. Chimney Sweep treats a landlord's knowing, willful failure to fix a defective condition as a question for the jury, not something courts resolve on the pleadings. That is the one pairing where published authority speaks directly to the IIED claim.
What to do
| If you're the plaintiff | If you're the defendant |
|---|---|
| Don't plead IIED alone if a real habitability, employment, or other companion claim is available on the same facts. Pled alone, 10 of 25 died for good. | A standalone IIED claim was the version most likely to end without leave in this set. |
| Plead the specific facts that support both claims. | Test it against each element under Hughes v. Pair, and check whether the complaint gives the IIED claim any companion facts to lean on. |
Method and N: 352 IIED claims in 327 California superior court tentative rulings on demurrers (Los Angeles 226 claims, Orange 71, other counties 55), coded for companion-claim category and outcome, as of 2026-10-05. "Among the claims the court decided" excludes 14 claims the court did not reach, found moot, or left unclear. These are associations, not causes. Tentative rulings are not precedent. Nothing here is legal advice.