Mendiola v. Crestwood Behavioral Health CA3
Plaintiff Christine Mendiola worked with mentally ill residents in a locked facility at defendant Crestwood Behavioral Health, Inc. (Crestwood). One of the residents violently assaulted her. Mendiola brought suit against Crestwood for assault, battery, fraudulent inducement and misrepresentation, unlawful business practices (Bus. & Prof. Code, § 17200), and other claims. She appeals from a judgment of dismissal, contending her fraud allegations are not subject to the exclusive remedy of workers’ compensation. She further contends the trial court erred in granting summary adjudication on her assault claim, because she presented a triable issue as to whether Crestwood ratified the resident’s conduct. We find the alleged misrepresentations and concealments about workplace safety fall within the exclusive remedy of workers’ compensation and Mendiola presented no facts to support a finding of ratification. We shall affirm.
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