Marsh

This is a diversity action alleging claims for assault and battery, intentional infliction of emotional distress, negligent hiring and negligent infliction of emotional distress. Plaintiffs Roger Marsh and Frans Merkx are, respectively, citizens of the United Kingdom and of the Netherlands. Defendant Stanley K. Burrell a/k/a Hammer or M.C. Hammer (“Burrell”) is an internationally-known “rap” performer who is a citizen of California. The remaining defendants, except Bustin’ Management/Capitol Records-Thom EMI Joint Venture (collectively, “business defendants”), are California corporations with their principal places of business in California.

The matter is currently before the court on the parties’ submissions regarding whether the law of the Kingdom of the Netherlands or of California governs the amount and types of damages which plaintiffs may recover if they prevail in this action. For the reasons set forth below, the court finds that, under applicable choice of law principles, California law governs damages in this action.

BACKGROUND

The complaint contains the following allegations. On or about April 3,1991, plaintiffs and one Andrew Jackson were approached by a…