McCoy

McCoy v. Pacific Maritime Asso.

Caution
2013 D.A.R. 6115·216 Cal. App. 4th 283
Court of Appeal of CaliforniaMay 14, 2013B210953California9,243 words

Opinion

Opinion

Epstein, J.

Appellant Catherine Y. McCoy appeals from the judgment of the trial court. She makes the following contentions: (1) the court erred in summarily adjudicating her sexual harassment and intentional infliction of emotional distress claims because the harassment was sufficiently pervasive and the emotional distress was purposeful and led to her emotional collapse; (2) the court erred in excluding evidence of harassment and discrimination, including racially derogatory remarks and sexually offensive conduct, which were relevant to her remaining retaliation claim; (3) the court misapplied governing law in granting judgment notwithstanding the verdict on her unlawful retaliation claim where the totality of the circumstances provided substantial evidence upon which the jury verdict in her favor should have been upheld; (4) the court erred in ruling that respondent Pacific Maritime Association (PMA) was not her employer because PMA exercised sufficient control over her employment to be considered her employer for purposes of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); and (5) the court improperly granted the motion for a new trial filed by…

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