Soto

The action in the trial court was brought by an employee and his family against the employer’s workers’ compensation carrier, alleging, among other things, both intentional and negligent infliction of emotional distress. The alleged occasion for such distress was defendant insurer’s failure to pay timely a workers’ compensation award to which the insurer had stipulated in the Workers’ Compensation Appeals Board (WCAB) proceeding. Otherwise, the complaint alleged that defendant insurer’s behavior in withholding payment of benefits, as noted, was both a violation of section 790.03, subdivision (h)(5), of the Insurance Code, as well as a breach of the implied covenant of good faith and fair dealing.

Without recounting all of the trial court proceedings, it is enough to recite here that defendants’ demurrer to plaintiffs’ first amended complaint was sustained without leave to amend. In our view, such ruling was correct, and so the judgment of dismissal will be affirmed.

Synopsis of First Amended Complaint

The complaint upon which the case was finally disposed of in the trial court contained four counts. In the first, after the customary “housekeeping” allegations,…