Yurick

Petitioner, Donald Yurick, seeks a writ of mandate directing respondent superior court to vacate its denial of his motion for summary judgment and to grant the motion.

This proceeding arises out of an action commenced in respondent court by Mary Antonetti (plaintiff). Her complaint names five defendants, including Oroville Hospital (hospital) and petitioner Donald Yurick (Yurick).

The complaint contains counts alleging gender discrimination, unlawful retaliation, intentional infliction of emotional distress, wrongful discharge and age harassment. Yurick is charged only with age harassment and intentional infliction of emotional distress. In his summary judgment motion, Yurick contended, as he does here, that plaintiff failed to exhaust administrative remedies as to the cause of action for age harrassment and, as to the cause of action for emotional distress, his conduct was not outrageous as a matter of law. We shall order a writ to issue as prayed.

The complaint was filed October 20, 1986. It alleges plaintiff was employed in the purchasing department of hospital as assistant to the department manager. Plaintiff was denied regular pay raises and, on the manager’s…