Intentional Torts in Small Claims Court (California)

Intentional torts involve wrongful actions where the Defendant intentionally caused harm, potentially leading to Small Claims Court cases if the amount claimed is under the limit.

Common intentional torts cases for Small Claims Court:

🛈 Note that different states may have different laws about causes of actions and elements. This article is based on California law, please review your state law.

In this article, we will explore common intentional torts cases. Each tort has specific elements to prove with evidence, including testimony and additional evidence. Organize your evidence with important events in your timeline to show what happened in your case.

For each intentional tort case described, examples of events and evidence will help you convince the judge and prove all necessary elements to win your case.

Assault

Assault is when someone intentionally acts to cause harmful or offensive contact, and you reasonably believe you are about to be harmed or offended. It focuses on the victim’s knowledge of the impending harm or offense, with no injury or offensive contact required.

To win an assault case, you must prove the legal elements are true:

  • Harmful or Offensive Contact Attempt: The Defendant must have done one of the following: 
    • The Defendant intended to cause harmful or offensive contact, or  
    • The Defendant threatened to touch you in a harmful or offensive way.
  • Reasonable Belief: You must have believed one of the following:  
    • Due to the Defendant's actions, you reasonably believed you were about to be touched harmfully or offensively, or 
    • Due to the Defendant's threat, it reasonably appeared that the threat would be carried out.   
  • Lack of Consent: You did not consent to the Defendant’s actions.
  • Harm: You were harmed, and the Defendant's actions substantially caused your harm. 

Events to include in the timeline:

  • Proof of Harmful or Offensive Contact Attempt:
    • Text message where the Defendant admitted intent to assault or cause harm
    • Video of Defendant threatening or attempting to hit you
  • Proof of Reasonable Belief:
    • Witness statements affirming reasonable belief of harm
    • Photos/videos showing fear when Defendant threatened violence
  • Proof of Lack of Consent:
    • Videos showing verbal/written refusal of contact
    • Police/incident reports indicating lack of consent
  • Proof of Harm:
    • Records of emotional distress and therapy bills
    • Employment records showing wage loss due to emotional injuries

Example

Neighbor A and Neighbor B are in a property boundaries dispute. Neighbor A threatens Neighbor B by yelling “I will kill you!” and making threatening gestures without physical contact. Neighbor B feels threatened and alleges assault by Neighbor A.

Battery

Being touched with harmful intent without consent may be considered battery.

To win a battery case in court, you must prove the legal elements are true:

  • Harmful or Offensive Conduct: The Defendant touched you to harm or offend you.
  • Lack of Consent: You did not consent to the Defendant’s conduct.
  • Harm: You were harmed or offended by the Defendant’s conduct.  
  • Reasonableness: If the conduct's offensiveness is at issue, a reasonable person would have been offended.

Events to include in the timeline:

  • Proof of Harmful or Offensive Conduct: 
    • Testimony, video, or reports of the Defendant hitting you
  • Proof of Lack of Consent 
    • Video evidence of you telling the Defendant to get away from you or walking away when approached
    • Witness statements of those present when you objected to being hit
  • Proof of Harm
    • Records showing emotional distress, therapy bills, medical records, and expert testimony on injuries
  • Proof of Reasonableness (if conduct's offensiveness is in question) 
    • Witness statements affirming your reaction to the Defendant’s conduct, photos, or videos of the incident

Example

Colleague A and Colleague B work together in a small office. Colleague A punches Colleague B during a work disagreement. Colleague B accuses Colleague A of battery, alleging intent to harm, causing physical injuries and emotional distress.

False Imprisonment

Intentionally restricting someone's movement without consent may be considered false imprisonment.

To win a false imprisonment case, you must prove these legal elements are true:

  • Intent: Defendant intentionally deprived you of freedom using physical barriers, force, threats, menace, fraud, deceit, or duress.
  • Imprisonment: Restraint, confinement, or detention forced you to stay or go somewhere for noticeable time.
  • Lack of Consent: You did not consent, or if you did, it was not given knowingly or voluntarily due to fraud.
  • Harm: You were harmed, Defendant's conduct caused harm; if no actual harm proved but other elements are proven, entitled to nominal damages.

Events to include in the timeline:

  • Proof of Intent: 
    • Text message from the Defendant stating intent to prevent you from leaving your house.   
    • Security camera footage of the Defendant restricting your movement.
  • Proof of Imprisonment: 
    • Cell phone video showing Defendant's one-hour house detention. 
    • Store employees witnessed Defendant forcing 45-minute store detainment while mall security interrogated you.
  • Proof of Lack of Consent 
    • Communications requesting to leave Defendant's house.
    • Witness statements when expressing desire to leave Defendant's house.
    • Videos (e.g., security camera footage) showing intent to leave Defendant's house.
    • Social media posts about being detained against will.
  • Proof of Harm
    • Documented emotional distress, including therapy bills.
    • Lost wages or work opportunities due to imprisonment.

Example

Person A shops at a local store when Security Guard B accuses them of shoplifting. Person A is detained by Security Guard B in a small room for an extended period. Person A claims false imprisonment by Security Guard B for detaining them unlawfully. Person A seeks damages for lost wages due to missed work.

Intentional Infliction of Emotional Distress

Severe emotional distress from someone's outrageous conduct may be intentional infliction of emotional distress.

To win an intentional infliction of emotional distress case in court, you must prove the legal elements of the case are true:

  • Conduct: The Defendant’s conduct was outrageous.
  • Intent: 
    • The Defendant intended to cause you emotional distress, and/or 
    • The Defendant acted with reckless disregard for the probability that you would suffer emotional distress.
  • Severe Emotional Distress: You suffered severe emotional distress, and the Defendant’s conduct was a substantial factor.

Events to include in the timeline:

  • Proof of Conduct:
    • Employment documents showing Defendant was your supervisor.
    • Witness testimony that Defendant knew you were vulnerable to emotional distress.
    • Text messages from Defendant stating their conduct would likely cause you harm due to mental distress.
    • Cell phone video showing Defendant’s conduct was directed at you.
  • Proof of Intent:
    • Text message from the Defendant stating intention to injure you or awareness of resulting injury.
    • Witness testimony of Defendant admitting they knew their actions would cause you emotional distress.
  • Proof of Severe Emotional Distress
    • Documented records of emotional distress, including therapy and medical bills.
    • Expert medical testimony on the injuries and long-term effects.
    • Employment records showing loss of wages due to emotional distress

Example

Friend A and Friend B are former friends who had a falling out. Friend A cyberbullies Friend B by creating fake social media profiles to spread damaging information, and by engaging others to harass Friend B online. Friend B alleges that Friend A committed intentional infliction of emotional distress by intentionally engaging in cyberbullying and causing severe emotional distress. Friend B is seeking damages for their emotional distress.

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