California Court of Appeal

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C.R. v. Tenet Healthcare Corp., B201220

Trial court erred in sustaining demurrer to complaint against medical center for sexual harassment under Civil Code section 51.9 and for the negligent hiring, supervision and retention of nursing assistant who sexually assaulted and harassed plaintiff. Court holds that: 1) the judicially-noticed documents offered by defendant do not negate plaintiff's allegations that defendant directly or indirectly employed nursing assistant who sexually harassed plaintiff; 2) plaintiff was not required to allege the existence of a fiduciary relationship between herself and the medical center to state a viable claim for sexual harassment under section 51.9; and 3) complaint contains adequate allegations to hold the defendant corporation liable under section 51.9 for the sexual abuse of plaintiff by its employee.

Appellate Information

  • Decided 01/05/2009
  • Published 01/05/2009


  • TURNER, P.J.


  • California Court of Appeal


  • For Appellant:
  • Law Offices of Maryann P. Gallagher and Maryann P. Gallagher, Los Angeles, for Plaintiff and Appellant.

  • For Appellees:
  • Gibson, Dunn & Crutcher LLP and Susan M. Marcella, Los Angeles, for Defendant and Respondent Tenet Healthcare Corporation.
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