Davis

Filed 9/18/13; pub. order 10/8/13 (see end of opn.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

LISA DAVIS, D062388

Plaintiff and Appellant,

v. (Super. Ct. No. ECU04765)

KIEWIT PACIFIC CO.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Imperial County, Donal B.

Donnelly, Judge. Affirmed in part, reversed in part, and remanded with directions.

Dumbeck & Dumbeck, Jason D. Dumbeck and Curtis M. King for Plaintiff and

Appellant.

Seyfarth Shaw, Ann Kotlarski and Brian M. Stolzenbach for Defendant and

Respondent.

The trial court entered a judgment for plaintiff Lisa Davis after a jury found

defendant Kiewit Pacific Co. (Kiewit) liable for gender discrimination, hostile work environment harassment, retaliation, and failure to prevent harassment, gender

discrimination, or retaliation. However, before trial, the trial court granted Kiewit's

motion for summary adjudication on Davis's claim for punitive damages, concluding

there were no triable issues of material fact whether a managing agent of Kiewit had

engaged in…