What is sexual battery?

Useful Rulings on Battery – Sexual (Civil)

Recent Rulings on Battery – Sexual (Civil)

JANE JB DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

battery against Gillard.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LILIA RIOS, ET AL. VS EDGAR G. VILLAMARIN

Plaintiffs filed a Complaint on March 26, 2019, alleging four causes of action sounding in: (1) Sexual Battery by Lilia against Defendant; (2) Intentional Infliction of Emotional Distress by Lilia against Defendant; (3) Intentional Infliction of Emotional Distress by Eduardo against Defendant; and (4) Negligence by Lilia against Defendant.

  • Hearing

NOYEMI KAROYAN, AN INDIVIDUAL VS HYUNDAI OF GLENDALE, LLC A BUSINESS ENTITY EXACT FORM UNKNOWN, ET AL.

On May 14, 2020, Plaintiff Noyemi Karoyan commenced this action against Defendants Hyundai of Glendale, LLC and Jae Park for (1) sexual harassment (hostile work environment) in violation of FEHA; (2) sexual harassment (quid pro quo) in violation of FEHA; (3) discrimination based on sex in violation of FEHA; (4) sexual battery; (5) retaliation in violation of FEHA; (6) failure to prevent harassment and retaliation in violation of FEHA; and (7) failure to pay all vacation wages due in violation of Labor Code §

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

JANE JG DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

battery against Gillard.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

VALLEJOS V. SAINT AGNES MEDICAL CENTER

Explanation: First, defendant Saint Agnes moves for summary adjudication as to the fourth cause of action for sexual harassment, which is based on a theory that Saint Agnes is vicariously liable for the alleged sexual battery committed by its employee, Victor Mendoza, during the course and scope of his employment. Under the holding of the California Supreme Court in Lisa M. v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE DOE VS SKANSKA USA CIVIL WEST CALIFORNIA DISTRICT, INC., ET AL.

During her employment with Defendants, Plaintiff was subjected to vicious and continuous acts of sexual harassment, sexual assault, and sexual battery. At first, Plaintiff’s supervisor Bravo made sexually inappropriate comments and advances to Plaintiff. When Bravo learned that Plaintiff requested a transfer to another supervisor, Bravo became angry and threatened to take away her job. Over time, Bravo’s behavior became more aggressive.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

JANE DOE M.M., AN INDIVIDUAL, ET AL. VS PASADENA HOSPITAL ASSOCIATION, LTD.,, ET AL.

Sutton; (3) sexual battery by M.M., M.P., R.A., and A.R. against Dr. Sutton; (4) negligence by Plaintiffs against Hospital; (5) gross negligence and/or wanton and reckless misconduct by M.M., M.P., R.A., and A.R. against all Defendants; (6) negligent supervision by Plaintiffs against Hospital; (7) negligent hiring/retention by Plaintiffs against Hospital; and (8) negligent failure to warn, train, or educate by Plaintiffs against Hospital. B.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • County

    Los Angeles County, CA

JANE DOE VS TRANSDEV SERVICES, INC., ET AL.

BACKGROUND Plaintiff’s operative Second Amended Complaint (“SAC”) arises from Plaintiff’s allegation of sexual assault and sexual battery by a supervisor in the workplace, and alleges causes of action for: (1) sexual harassment in violation of the FEHA; (2) sexual assault, battery, and ratification; (3) failure to investigate and prevent in violation of the FEHA; (4) violation of California Civil Code, Section 43; (5) violation of California Civil Code, Section 51.7; (6) violation of California Civil Code,

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

JANE HC DOE, A MINOR BY AND THROUGH HER GAURDIAN AD LITEM KIM S. VS TORRANCE UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

On February 7, 2020, plaintiff filed a FAC for (1) negligence, (2) negligent supervision, (3) negligent failure to warn, train, or educate, (4) IIED, (5) gender violence, (6) sexual battery, and (7) sexual assault. On August 17, 2020, plaintiff filed a SAC. On September 24, 2020, the court sustained without leave to amend TUSD’s demurrer to the 4th cause of action for IIED.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE DOE VS JOHN ROE

[TENTATIVE] ORDER RE: DEMURRER AND MOTION TO STRIKE On July 15, 2020, Plaintiff Jane Doe (“Plaintiff”) filed her first amended complaint (“FAC”) against Defendant John Roe (“Defendant”) alleging (1) sexual battery by fraud; (2) fraud (concealment); (3) negligence and negligence per se; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress. On August 17, 2020, Defendant filed this demurrer and motion to strike.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JANE DOE, ET AL. VS PEYMAN SAADAT, ET AL.

., a gynecologist touches plaintiff's sex organs improperly in the course of a gynecological examination), a sexual battery claim in such a case is necessarily “directly related to” the manner in which the gynecological services were rendered, and therefore subject to CCP § 425.13. Cooper v. Sup.Ct. (Roberson) (1997) 56 Cal.App.4th 744, 751.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

SAGE M. MCADAMS VS KIUMARS ARFAI, ET AL.

This case is factually distinguishable from Cooper (1997) 56 CA4th 744 wherein the court held that allegations of sexual battery fell within the scope of CCP 425.13. There, a gynecologist was alleged to have committed sexual battery in the course of performing a gynecological exam. Id. at 746-747.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PAN NU VS TU AUNG, ET AL.

On September 25, 2019, Plaintiff filed a complaint, asserting causes of action against Aung, San and Does 1-10 for: Sexual Battery Assault and Battery Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Defamation On July 23, 2020, this action was transferred from Department 28 of the Personal Injury Court to this department. A Status Conference is set for November 4, 2020. 1.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE HC DOE, A MINOR BY AND THROUGH HER GAURDIAN AD LITEM KIM S. VS TORRANCE UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

S, filed a complaint against Torrance Unified School District and Dalan Anthony Johnson for (1) negligence, (2) negligent supervision, (3) negligent failure to warn train or educate, (4) constructive fraud (Civil Code 1573), (5) IIED, (6) sexual abuse and harassment in the educational environment (Education Code §220), (7) general violence, (8) sexual battery, and (9) sexual assault.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JOHN DOE VS FACEY MEDICAL GROUP, A CALIFORNIA CORPORATION, ET AL.

On November 7, 2019, Plaintiff filed his complaint for Sexual Battery, Sexual Orientation Related Violence, Sexual Harassment, Constructive Fraud, Unfair Business Practices, Intentional Infliction of Emotional Distress, and Negligent Hiring Retention Supervision and Training. The action was transferred to Department 49 on January 28, 2020. On May 4, 2020, Plaintiff dismissed Providence Health & Services, David Mast, Jim Corwin and Teresa David.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE MS DOE VS PROACTIVE MEDICAL STAFFING, INC., ET AL.

Plaintiff’s Complaint alleges the following twenty-seven causes of action: (1) hostile work environment; (2) unlawful discrimination; (3) unlawful retaliation; (4) wrongful discharge; (5) failure to prevent harassment, discrimination and retaliation; (6) negligence in hiring, training and retention; (7) sexual battery; (8) sexual assault; (9) gender violence; (10) intentional infliction of emotional distress; (11) negligent infliction of emotional distress; (12) unlawful business practices; (13) misclassification

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

AIROL RICARDO MUNOZ, AN INDIVIDUAL, ET AL. VS EMERITA MARILU CHINCHILLA ORTEGA,AN INDIVIDUAL

The emotional distress claim, also based on allegations of sexual battery, is similarly untimely. (FAC ¶ 146.) Additionally, the cause of action under the Unruh Civil Rights Act, Civil Code § 51.2, likewise founded on alleged battery, is untimely under its one-year statute of limitations. (See West Shield Investigations and Sec. Consultants v. Superior Court (2000) 82 Cal.App.4th 935, 951.)

  • Hearing

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

SHAILESH SHAH VS. DENTAL BOARD OF CALIFORNIA

Dentists exercise similar power and control over their patients, and Shah used that power and control to commit sexual battery on three of patients while they were sitting in his dental chair for treatment.

  • Hearing

JANE GM DOE V. DOE 1

Examination Concerning Other Instances of Sexual Trauma “(a) In any civil action alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning the plaintiff's sexual conduct with individuals other than the alleged perpetrator shall establish specific facts showing that there is good cause for that discovery, and that the matter sought to be discovered is relevant to the subject matter of the action and reasonably calculated to lead to the discovery

  • Hearing

JANE DOE VS SKANSKA USA CIVIL WEST CALIFORNIA DISTRICT, INC., ET AL.

If consensual, Plaintiff’s sexual battery and assault claims are undermined, if not nullified. An examination of the electronic communications between Plaintiff and Bravo tends in reason to show the true nature of their relationship. By bringing this action against the Defendants, Plaintiff placed these communications at issue and cannot reasonably expect these communications to be withheld from discovery.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

APRIL C. MONTGOMERY VS NANCY JEAN JONES, ET AL.

., the Court of Appeal concluded that the plaintiff’s cause of action for Unlawful Seduction of a Minor Child/Childhood Sexual Abuse based on violations of Penal Code §§261.5 and 288a was not duplicative of her sexual battery cause of action because the sexual battery cause of action includes elements that are not elements of the alleged statutory violations. (Angie M. v.

  • Hearing

JANE HC DOE, A MINOR BY AND THROUGH HER GAURDIAN AD LITEM KIM S. VS TORRANCE UNIFIED SCHOOL DISTRICT, A CALIFORNIA LOCAL PUBLIC ENTITY, ET AL.

S, filed a complaint against Torrance Unified School District and Dalan Anthony Johnson for (1) negligence, (2) negligent supervision, (3) negligent failure to warn train or educate, (4) constructive fraud (Civil Code 1573), (5) IIED, (6) sexual abuse and harassment in the educational environment (Education Code §220), (7) general violence, (8) sexual battery, and (9) sexual assault.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LINDA MENDOZA RAZO VS JIMMY HANG, DPT

Sexual Battery (CC 1708.5) 3. Gender Violence (CC 52.4) 4. Negligence 5. Negligent Supervision 6. Negligent Hiring/Retention 7. Negligent Failure to Warn, Train, or Educate 8. Public Entity’s Liability Based on the Torts of Government Employees (Gov’t Code 815.2) RULING: The demurrer is overruled. Answer is due within 20 days. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

PAUL LESTER VS DEFENDANT DOE 1, CHURCH, ET AL.

The Complaint asserts causes of action for: Negligence; Negligent Supervision and Failure to Warn Plaintiff; Negligent Hiring and Retention; Negligent Failure to Warn, Train, or Educate Plaintiff; and Sexual Battery. Plaintiff now seeks to seal the Certificates of Merit filed pursuant to Code of Civil Procedure section 340.1(g).

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JANE DOE M.M., AN INDIVIDUAL, ET AL. VS PASADENA HOSPITAL ASSOCIATION, LTD.,, ET AL.

(collectively, “Plaintiffs”) allege they are victims of sexual battery. Plaintiffs bring this action against Defendant Patrick Mark Sutton, M.D., an obstetrician and gynecologist (“Dr. Sutton”) and Defendant Pasadena Hospital Association, LTD., dba Huntington Memorial Hospital (“Hospital”), based on Dr. Sutton’s alleged violent, sexual acts that harmed and violated Plaintiffs while they were his patients. Plaintiffs commenced this action on April 15, 2019.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • County

    Los Angeles County, CA

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