ADDED TO LAW AND MOTION CALENDAR FOR Ntc Of Defts' Mo For Summary Adjudication *** $100.00 Summ Adjud Mo Fee Paid Receipt # 521743 ***
GRANT AS TO 5TH [BATTERY] & 6TH [SEXUAL BATTERY] CAUSES OF ACTION UNDER FRETLAND. BARRED BY WORKER'S COMP. DEFENDANT (EMPLOYER) DID NOT COMMIT ASSAULT, NO EVIDENCE OF DEFENDANT'S POSITIVE MISCONDUCT OR RATIFICATION, AND NO EXCEPTION CITED. DENY AS TO 7TH [IIED] CAUSE OF ACTION UNDER FRETLAND. GRANT AS TO 8TH [CC 51.7] CAUSE OF ACTION. UNRUH ACT INAPPLICABLE TO EMPLOYMENT SITUATIONS. DENY AS TO 1ST CAUSE OF ACTION [HARASSMENT]. ASSUMING FRAGHER/ELLERTH DEFENSE IS APPLICABLE, TRIABLE ISSUE OF FACT RE WHETHER DEFENDANT EXERCISED REASONABLE DILIGENCE AND TRIABLE ISSUE OF FACT RE WHETHER PLAINTIFF PROPERLY TOOK ADVANTAGE OF PREVENTIVE OPPORTUNITIES. DENY AS TO 9TH CAUSE OF ACTION [WRONGFUL DISCHARGE]. GRANT AS TO PUNITIVE DAMAGES UNLESS ALREADY MOOT. (PB)
Hearing Date
November 09, 2001
For full print and download access, please subscribe at https://www.trellis.law/.
ADDED TO LAW AND MOTION CALENDAR FOR Ntc Of Defts' Mo For Summary Adjudication *** $100.00 Summ Adjud Mo Fee Paid Receipt # 521743 ***
GRANT AS TO 5TH [BATTERY] & 6TH [SEXUAL BATTERY] CAUSES OF ACTION UNDER FRETLAND. BARRED BY WORKER'S COMP. DEFENDANT (EMPLOYER) DID NOT COMMIT ASSAULT, NO EVIDENCE OF DEFENDANT'S POSITIVE MISCONDUCT OR RATIFICATION, AND NO EXCEPTION CITED. DENY AS TO 7TH [IIED] CAUSE OF ACTION UNDER FRETLAND. GRANT AS TO 8TH [CC 51.7] CAUSE OF ACTION. UNRUH ACT INAPPLICABLE TO EMPLOYMENT SITUATIONS. DENY AS TO 1ST CAUSE OF ACTION [HARASSMENT]. ASSUMING FRAGHER/ELLERTH DEFENSE IS APPLICABLE, TRIABLE ISSUE OF FACT RE WHETHER DEFENDANT EXERCISED REASONABLE DILIGENCE AND TRIABLE ISSUE OF FACT RE WHETHER PLAINTIFF PROPERLY TOOK ADVANTAGE OF PREVENTIVE OPPORTUNITIES. DENY AS TO 9TH CAUSE OF ACTION [WRONGFUL DISCHARGE]. GRANT AS TO PUNITIVE DAMAGES UNLESS ALREADY MOOT. (PB)