Hart

Hart v. National Mortgage & Land Co.

Bad Law
189 Cal. App. 3d 1420·1987 Cal. App. LEXIS 1452·235 Cal. Rptr. 68
Court of Appeal of CaliforniaMarch 3, 1987E002982California4,705 words

Opinion

Opinion

Hews, J.

—The trial court granted summary judgment and/or summary adjudication of issues as to John Hart’s four causes of action against his employer, National Mortgage & Land Company (National). Hart appeals, contending the trial court erred in concluding his first cause of action, for sexual harassment, was not cognizable under Government Code section 12940. We disagree, and therefore affirm that portion of the trial court’s ruling. Hart also contends the court below erroneously concluded National is not potentially liable to him for negligence or punitive damages. We agree with Hart and reverse that portion of the judgment. Although not addressed by the trial court, we decide here an issue contested by both parties—whether workers’ compensation provides the exclusive remedy for Hart’s causes of action for assault and battery and intentional infliction of emotional distress.

Facts

The facts recited here are deciphered from partial deposition transcripts attached to both parties’ papers re National’s motion for summary judgment and summary adjudication of issues. In August 1981, 59-year-old Hart, Jean Campbell and Debbie Adams were all supervisors of equal rank in National’s…

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