Defendant in Ed McMahon Mold Lawsuit Challenges Emotional Distress Claims

LOS ANGELES - A defendant named in Ed McMahon's multi-million dollar mold lawsuit has moved to demur allegations that its failure to adequately clean items taken from the house constituted negligent infliction of emotional distress. Ed McMahon, et al. v. American Equity Insurance Co., No. BC 271423 (Calif. Super. Ct., Los Angeles Cty.).

The demurrer was filed May 13 in Los Angeles County Superior Court by Monteleone Interiors, Inc., which argues that none such cause of action exists in California.

"Infliction of emotional distress is not an independent tort under California law and cannot be alleged by Plaintiffs as a …