California Civil Jury Instructions (CACI): 1602. Intentional Infliction of Emotional Distress—“Outrageous Conduct” Defined

“Outrageous conduct” is conduct so extreme that it goes beyond all possible bounds of decency. Conduct is outrageous if a reasonable person would regard the conduct as intolerable in a civilized community...."

SHAME ON THESE CLERKS AT THIS 7-ELEVEN AT 909 CHAPMAN IN THE CITY OF ORANGE CA

THANK YOU FOR GOOD CLERKS AT GOOD 7-ELEVENS AROUND THE USA

welcome! 8/20/15 The CITY of ORANGE POLICE SAYS The CLERK @ 7-11 IN ORANGE CA IS LEGALLY ALLOWED TO VERBALLY ABUSE CUSTOMERS

welcome! 10/12/15
 The CITY of ORANGE POLICE SAYS The CLERK @ 7-11 IN ORANGE CA IS LEGALLY ALLOWED TO VERBALLY
 ABUSE CUSTOMERS AS HE ("GREG" , as well as a non-employee, did on August 21 2015),(warning re graphic language, see video at https://www.youtube.com/watch?v=9gnjIFTjmjQ )

1) IT ALL BEGAN ON AUGUST 20 in the morning, the day before, when I first spoke to the owner as I tried to make a purchase for $1 dollar and get $10 cash back. The owner ("Noah") said to get cash back I needed to make $2 minimum purchase. I didn't really believe this was a written policy (I make this transaction quite regularly at various 7-elevens all around southern California )...it seemed like he made it up on the spot, but I left as he made a condescending comment towards me and later contacted 7-eleven corporation and complained about it. 

2)Later in the day I passed by the same  7-eleven and noticed a different clerk working (at 2:51pm, pst according to the receipt shown below) and decided to try again, to see if I was being discriminated against for some reason. This time I put the same two items (2 bags of sunflower seeds "2 for a dollar) and requested cash back using my debit card. The clerk did the transaction without any comment, and gave me $10 cash back. Hmmm. 
 above: 8/20/15 AS YOU CAN SEE FROM THIS RECEIPT, ON AUGUST 20 I MADE A $1 DOLLAR PURCHASE & got $10 CASH BACK at the 7-eleven at Batavia & Chapman in the City of Orange California  (909 w Chapman).

3)The next morning I had an early appointment at Ford of Orange and so I was passing by the same 7-eleven and decided to go in one more time. Once again, I attempted to make the same purchase, but this time the clerk (initially a lady "volunteer") said that all transactions using credit/debit card require a $2 minimum. Three different visits and I got three different "policies" (or lack of). So I asked her if this was an actual "policy" and she calls over the regular clerk (guy named "Greg")


 This is when the guy goes 
crazy as you will see in the video at https://www.youtube.com/watch?v=9gnjIFTjmjQ )  (warning re graphic language)

The clerk almost immediately begins to verbally assault & abuse me, using a combination of profanity and pejorative language. Below is a transcript of the "conversation":
warning: graphic language 
(by them, not me); 
note: this is ALSO A PRAYER REQUEST. Ever since this happened I have felt depressed (my doctor has prescribed medication for me to take at night because I've been waking up feeling nauseous and depressed in the morning), and a loss of confidence in humanity and citizenship, and possibly a loss of confidence in police (they said they were going to go forward with vandalism charges...but as of 10/9/15 apparently only against the Latino guy...why NOT the white clerk too? He assisted the latino guy in trying to get away with my phone, or preventing me from getting it back...by sticking his arms out.  So I ask for prayers for me to regain my gumption for life here in southern California as a Christian evangelist. 
*******
8/21/15 i am NOW CONVINCED that this was an anti-CHRISTIAN HATE CRIME, 
combined w/ "college boy" jealousy (a lot of these workers have intense anger towards those who went to college, especially adult white males, who they like to refer to as "white boys" no matter what age (i'm a 48-year-old man by the way, and partly disabled):  

TRANSCRIPT:
volunteer: "greg where's the sign that says there's a $2 minimum...i'm a volunteer..
BALD RED (BR "greg"): anything credit or debit..
ME: who made that up..
that's policy..store policy.
BR:do u want to be served or not..k sir do u want to be served or not?  
ME: r u the owner? 
BR: no, I'm not...i'm the owner, sole proprietor, operator, I'm security, I'll escort you out...so, get out of here...
ME: did I do something wrong? c'mon...
BR: you're being a smartass..
ME: i'm just asking why...get out...I talked to the owner yesterday , he didn't say that...
BR: [unintelligble...maybe i'll talk to him too ? "what's he going to do?" 
ME:  what's your name? 
BR: greg. get out. 
ME: ok greg you're on tape. 
BR: get out. you're a smart ass
me:  u want to... you're on videotape...u want to hit me, r u going to hit me?
BR:get out.no, why would I hit you ? 
me: you're acting violent toward me. 
BR: You're a lame. you're a lame. why would I hit you?
me:  I'm a lame? why am I a lame?
BR: because you're a lame. 
you're a punk. 
me: what's that mean? I'm a punk.
BR: what u think you're going to provoke me? you're a f__k__g moron. yes you are. 
me: wow! ok.greg thank you. i'll talk to noah...
BR: yes I have it on video too. 
LATINO GUY(LG):.get out of here
me:u work here too? 
LG: i'm from the hood, now get the F out...get out homie. 
me: NO, you don't talk to me that way. 
LG: get out. 
ME: no. 
LG: you don't want trouble. why are you talking to me that way. I didn't do anything wrong. who r U?
LG:  u don't need to worry about who I am. u don't like me. No, I don't. u start s--t...; just get out. 
me: what did I do wrong? no, not the way you talk to me like that. who is this guy?
LG: get out. [
BR: GET out of my establishment. 
me: NOW its your establishment? 
BR: yeah it is. I'm the one in charge of it right now.
me:  r u the owner. [he starts walking around toward me again] 
LG: I'M  telling u bro.
me:  u dont scare me man. 
LG: the F what I do. 
me: are you going to hit me?  u going to hit me? 
BR: Get the F--k out ! 
me: U just hit me, kicked me with ..i'll wait for the police.
BR:  Get the F out of our property dude. excuse me, get out. Get out of my face. 
me: u just hit me. [RIGHT THERE HE HIT MY HAND HOLDING THE PHONE] i'll wait for the police
BR: wait for the police, get the F---k outta here. guess who's side they are going to be on u f--k--ng moron. 
me: I don't care. i'll wait for the police. 
BR: I asked u to leave. get the F--k outta here.
me: i can stand here
BR: you're disrupting my business. this is private property u idiot.get the F--k off it. 
me: i'll wait for the police. 
BR: You're on private property. get off 
me: i'll wait for the police. 
BR: I'll take it as a personal threat. 
me: ok. 
LG: [i think he called me a bastard and a piece of sh-t...more unintelligble
me: what did I do man? I have a credit card
BR: come inside [he says to Latino]. leave this f--k--g out here.do NOT come in this f--k--g door, dude, 
me: you're on video man. [he slams open the door hitting me again]
BR: stay away from my business
me: you're anger is going to get you in a lot of trouble. I didn't do anything wrong. 
BR: u didn't do anything wrong? ur a smarta-- f--k--g b--tch...
me: I just asked to use my credit card, and asked why..and 
BR: that's not what u said...don't lie u f--k--g idiot. i told u there's a $2 minimum, [unintelligible & facial contortions] you're a f--k--g b--tch. 

me: you hate me because...

[ AT THIS POINT the LATINO GUY GRABS MY PHONE from MY HAND]. He will not give it back. He starts walking around the corner of the store. BR puts his arms out to block me from following the latino who has my phone. I push my way thru his arm blockade, and follow the latino around the corner of the store. I keep saying, Give me back my phone. SUDDENLY HE LIFTS HIS ARM & SMASHES MY PHONE on the CONCRETE as HARD AS HE CAN.  It shatters. I bend down to pick it up and feel the heat of the two of them near my back as if they are about to attack me. I turn and run with the phone back around to the front of the store and to the donut shop next to it. I ask the Asian ladies working there to call the police. They refuse to call the police. They tell me to use the payphone right outside the door. I pick up the payphone and call 911 and start telling the person to send police. As I am speaking I see a police car driving by but doesn't appear to be coming to the parking lot. I put the phone down and run to the street and wave the officer (Ruelas) down. Ruelas pulls into the parking lot and I tell him what happened. 

[i will continue narrating this in the near future...but as of 10/12/15 the City of Orange police little to nothing about it. In every interaction with them (Officer Smith, Detective Maldonado, Detective Murphy) they have emphasized that I could be charged with trespassing, and that the store clerk has the legal right to verbally abuse me. They have downplayed the smashing of the phone, even slightly questioning whether it actually happened (despite having my broken phone as "evidence" in their possession) 

 ( "detective" maldonado tried to re-narrate by saying it was "tossed" in the bushes...but the cover was literally shred into pieces...it landed on the back (on the battery & back cover) not on the front so it didn't shatter the glass but it sent small parts flying..the phone was totally destroyed ...even the extended life battery was swollen up with parts distended ...surprisingly the battery still works but with a replacement phone the cover won't fit because the battery is too swollen).

 Most importantly, they are only seeking the Latino guy for "questioning"...not even an arrest warrant (for vandalism)...meaning, in essence, they are not going to put an ounce of effort into finding him. They are trying to sweep it under the rug. 

And they're not going to do anything to the clerk for assisting the latino in stealing and destroying my phone. As best as I can tell, the clerk suddenly became concerned about me having video of his temper tantrum and told the Latino guy to come with him back outside the store where I was waiting for the police, and they planned together to get the phone and destroy it with the intent of destroying the video. 

The only problem (for them) is that even though they destroyed the phone, they didn't destroy the sd card that contains the video (and all other externally-stored data). 

The only problem for me is that the City of Orange police don't seem to care about doing anything, let alone defending me. I believe it is "college boy' discrimination. Even cops do this. Although I am a 48-year-old man, it is more convenient for the cops to keep me in my place by giving me the "college boy" treatment (ie thinks he's smart, has a sense of entitlement, we'll show him who's boss, etc ). 


above: [warning graphic language by the 7-eleven clerk]
 this is the same 
video shown at