Supreme Court of California

Court of Appeals judgment for defendant in a sexual harassment action is affirmed where: 1) plaintiff's factual allegations fail to establish the severe or pervasive conduct necessary to pursue a claim of hostile environment sexual harassment under Civil Code sec. 51.9, as the conduct was not so egregious as to alter the conditions of the underlying professional relationship and could not plausibly be construed by a reasonable trier of fact as a threat to commit a sexual assault on plaintiff; and 2) the court properly granted summary judgment on plaintiff's claim for intentional infliction of emotional distress as plaintiff failed to establish either extreme or outrageous conduct by defendant or that plaintiff suffered severe or extreme emotional distress.

Appellate Information

• Decided 07/02/2009
• Published 07/02/2009

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Hillel Chodos and Deborah Chodos, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Knee, Ross & Silverman and Melanie C. Ross, Los Angeles, for Defendant and Respondent., June Babiracki Barlow, Neil Kalin, Los Angeles, and Grant Michiaki Habata for California Association of Realtors as Amicus Curiae on behalf of Defendant and Respondent.