(1) DEMURRER TO PLAINTIFF'S COMPLAINT by defendants DH Del Mar Management LLC, Hyatt Corporation and Hyatt Hotels is SUSTAINED in part and OVERULED in part. (2) MOTION TO STRIKE by defendants DH Del Mar Management LLC, Hyatt Corporation and Hyatt Hotels is DENIED.
The Demurrers to the causes of action for sexual battery and assault are sustained without leave to amend. Defendant Iorga's alleged conduct did not occur in the course and scope of his employment as a masseuse. A sexual tort will not be considered within the course and scope of employment unless its motivating emotions were fairly attributable to work-related events or conditions. (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 301) The fact that the job involves physical contact, by itself, is insufficient to impose vicarious liability. (Id. at 302) Iorga's alleged acts of sexually assaulting plaintiff is not motivated by any work related events or conditions but rather gave him the opportunity to c
Hearing Date
September 17, 2020
Category
Civil - Unlimited
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(1) DEMURRER TO PLAINTIFF'S COMPLAINT by defendants DH Del Mar Management LLC, Hyatt Corporation and Hyatt Hotels is SUSTAINED in part and OVERULED in part. (2) MOTION TO STRIKE by defendants DH Del Mar Management LLC, Hyatt Corporation and Hyatt Hotels is DENIED.
The Demurrers to the causes of action for sexual battery and assault are sustained without leave to amend. Defendant Iorga's alleged conduct did not occur in the course and scope of his employment as a masseuse. A sexual tort will not be considered within the course and scope of employment unless its motivating emotions were fairly attributable to work-related events or conditions. (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 301) The fact that the job involves physical contact, by itself, is insufficient to impose vicarious liability. (Id. at 302) Iorga's alleged acts of sexually assaulting plaintiff is not motivated by any work related events or conditions but rather gave him the opportunity to c