Cooper

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 to roll away from the place it was parked. The tractor resultingly ran into Cooper’s Rolling Hills residence, causing damage to her home, grounds and swimming pool. In addition to recovery of damages to her property, Cooper sought damages for emotional distress arising out of the accident.

The accident occurred at 2:30 p.m., while no one was at home. A Los Angeles Sheriff’s deputy informed Cooper upon her return home that a tractor had run into the back of her house. Although the tractor ran into the part of the house where her children’s playroom was located, Cooper was aware that her children were…