Felix

I.

INTRODUCTION

Edith Felix filed a form complaint against Dr. Rodrigo Fernandez alleging two

causes of action, one styled as "intentional tort" and the second as "general negligence." Felix's claims were premised on several statements that Dr. Fernandez allegedly made to

her in the workplace, which Felix claimed caused her emotional distress. Dr. Fernandez

filed a demurrer in which he maintained that Felix had failed to allege facts sufficient to

state either claim. The trial court sustained the demurrer without leave to amend, and

subsequently entered judgment in favor of Dr. Fernandez.

On appeal, Felix claims that Dr. Fernandez's remarks1 were sufficiently

outrageous to support a claim for intentional infliction of emotional distress. Felix also

claims that her allegation that Dr. Fernandez breached a duty owed to her was sufficient

to support a claim for negligent infliction of emotional distress.

We conclude that while the remarks that Felix attributes to Dr. Fernandez were

"highly offensive," (Hughes v. Pair (2009) 46 Cal.4th 1035, 1049 (Hughes), they were

not so "outrageous" as to " ' " 'exceed[s] all bounds of that usually tolerated in a…