Myers v. Trendwest Resorts
In this action alleging sexual harassment in employment under the Fair Employment and Housing Act (Gov. Code, 12940 et seq. (FEHA)) and common law claims (sexual battery, false imprisonment, and intentional infliction of emotional distress), plaintiff Alissia Myers appeals from summary judgment entered in favor of her former employer, defendant Trendwest Resorts, Inc. (Trendwest). Plaintiff contends triable issues of material fact exist. Plaintiff also appeals from the trial courts award of attorneys fees to Trendwest under the FEHA.
Court reverse the judgment because Trendwest (1) failed to show entitlement to judgment on the FEHA claims alleged in counts one and two and (2) failed to show entitlement to summary adjudication regarding the punitive damages alleged in count one. Court affirm the trial courts grant of summary adjudication in favor of Trendwest on the other counts. Court reverse the order awarding attorneys fees.
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