In this episode of HOA HELL, attorney Michael Kushner explains how California law defines emotional distress and why the term means something very different inside a courtroom than it does in everyday life.
🎯 What You’ll Learn in This Episode:
✅ The difference between ordinary emotional stress and the legal standards for emotional distress damages.
✅ The elements of Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED) under California law.
✅ Why most HOA-related emotional distress claims fail and what evidence courts actually require.
✅ How to document emotional distress claims through medical records, expert testimony, and proof of extreme or outrageous conduct.
✅ The hidden costs and privacy risks of alleging emotional distress.
When HOA behavior truly crosses the line, homeowners need to understand the difference between emotional impact and actionable harm. This episode of HOA HELL breaks down what’s necessary to proceed and win with an emotional distress claim involving your HOA.
🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices.
🎧 Listen on YouTube @hoahellpodcastofficial or wherever you get your podcasts.
🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation.
DISCLAIMER:
This content constitutes attorney advertising.
The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.
This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
ABOUT:
Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back.
#emotionaldistress #IIED #NIED #DavisStirlingAct #lscarlsonlaw #michaelkushner #mbkchapman #badHOA #hoahellbook
🔥 HOA Hell
California’s #1 HOA attorney shares real legal tools to help homeowners fight back—and win.
📚 Tired of your HOA’s abuse? Preorder Michael Kushner’s new groundbreaking book, HOA HELL. HOA HELL is the first step-by-step book that every California homeowner needs to fight back and win against bad HOAs from Hell.
💥 Amazon (Kindle) [https://tinyurl.com/tx47hmvn] | Barnes & Noble (Hardcover/Softcover) [https://www.barnesandnoble.com/s/hoa%20hell]
👉 Got an HOA nightmare? Submit your question at HOAHELLpodcast@mbkchapman.com for a chance to be featured on HOA Hell Queries.
📌 Learn more about your rights as a homeowner: MBKChapman.com
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YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)
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