McMahon

Plaintiff Gail M. McMahon sued defendants Diane Craig, D.V.M., Veterinary Surgical Specialists, Inc., and Advanced Veterinary Specialty Group, LLC, for, inter alia, veterinary malpractice and intentional infliction of emotional distress after McMahon’s dog died while in defendants’ care. McMahon contends the trial court erred in sustaining defendants’ demurrer to her intentional infliction of emotional distress cause of action and in striking portions of her complaint seeking damages for emotional distress and loss of companionship.

We conclude the trial court did not err. McMahon’s complaint alleges defendants negligently rendered veterinary care and lied to cover up their malpractice. None of defendants’ alleged conduct, however, is so extreme or outrageous to support a cause of action for intentional infliction of emotional distress. Emotional distress damages for negligence are not available to McMahon because she was neither a witness nor a direct victim of defendants’ negligent acts. Finally, McMahon cannot recover damages for loss of companionship based on her dog’s peculiar value to her. “[P]eculiar value” under Civil Code section 3355 refers to an item’s…