Belman

BACKGROUND

Respondent’s employment and lawsuits Respondent was employed from approximately 2006 to 2016 as a waitress for Los Bagres, who operated a restaurant/bar/nightclub in Pico Rivera, California, called A Mi Hacienda. Juan Erasmo Garcia, Los Bagres’s chief executive officer, was in charge of supervising and managing A Mi Hacienda. Garcia’s duties included supervising respondent’s work. On April 6, 2016, respondent left her employment with Los Bagres, claiming she was assaulted and sexually harassed. Juan Erasmo Garcia averred he was in a consensual intimate relationship with respondent, initiated by respondent in 2014. Respondent claimed Juan Erasmo Garcia engaged in unwanted touching, sexual comments, and sexually explicit text messages. Respondent acknowledged having sexual relations with Juan

However, we deny respondent’s motion for sanctions for frivolous appeal because it has not been shown that this appeal is substantively baseless or brought solely to cause delay. (Cal. Rules of Court, rule 8.276(a).)

2 Erasmo Garcia beginning in 2011 due to his threats of withholding her pay and terminating her employment. In October 2016, respondent brought a lawsuit…