Fisher
Fisher v. San Pedro Peninsula Hospital
Opinion
Opinion
WOODS (Fred), J.
(1) (See fn. 1.) Plaintiffs appeal from an order dismissing their complaint after defendants' demurrers were sustained without leave to amend. [1] The crucial issue presented by this appeal is whether under the facts alleged in the second amended complaint, Ms. Fisher pled a valid claim for environmental sexual harassment. Although we conclude that she has not, we reverse and remand with directions to give plaintiffs leave to amend certain causes of action since this case is one of first impression.
On January 29, 1987, plaintiffs, Julie and Cordell Fisher, commenced this action against San Pedro Peninsula Hospital (hereafter SPPH), Drs. Barry H. Tischler and Frank Brow, and approximately two dozen hospital officers, directors and board members. At the time of the filing of the second amended complaint, the operative pleading in this matter, only SPPH and Drs. Tischler and Brow remained as defendants.
The second amended complaint alleges six causes of action: sexual discrimination under the California Fair Employment and Housing Act (hereafter FEHA) (by Ms. Fisher against SPPH and Dr. Tischler) and retaliation in employment under FEHA (by Ms. Fisher…
Lead Opinion
Woods, J.
Plaintiffs appeal from an order dismissing their complaint after defendants’ demurrers were sustained without leave to amend. 1 The crucial issue presented by this appeal is whether under the facts alleged in the second amended complaint, Ms. Fisher pled a valid claim for environmental sexual harassment. Although we conclude that she has not, we reverse and remand with directions to give plaintiffs leave to amend certain causes of action since this case is one of first impression.
Factual and Procedural Background
On January 29, 1987, plaintiffs, Julie and Cordell Fisher, commenced this action against San Pedro Peninsula Hospital (hereafter SPPH), Drs. Barry H. Tischler and Frank Brow, and approximately two dozen hospital officers, directors and board members. At the time of the filing of the second amended complaint, the operative pleading in this matter, only SPPH and Drs. Tischler and Brow remained as defendants.
The second amended complaint alleges six causes of action: sexual discrimination under the California Fair Employment and Housing Act (hereafter FEHA) (by Ms. Fisher against SPPH and Dr. Tischler) and retaliation in employment under FEHA (by Ms. Fisher…
Concurrence in Part
Johnson, J.
I concur with the majority’s reversal of the judgment as to Ms. Fisher’s cause of action for environmental sexual harassment and Mr. Fisher’s cause of action for retaliation. However, I believe Ms. Fisher’s allegations contained in her second amended complaint are sufficient to state a cause of action under the California Fair Employment and Housing Act (the Act) and, thus, no additional pleading is required.
Ms. Fisher alleges that from 1982 to 1986, Dr. Tischler committed various acts of sexual harassment including “pulling nurses onto his lap, hugging and kissing them while wiggling, making offensive statements of a sexual nature, moving his hands in the direction of woman’s [»c] vaginal area, grabbing women from the back with his hands on their breasts or in the area of their breasts, picking up women and swinging them around, throwing a woman on a gurney, walking up closely behind a woman with movements of his pelvic area. . . . The acts were committed in hallways, the operating room and lunch room of Defendant Hospital . . . .”
By my count, these allegations indicate at least 12 separate instances of sexual harassment and misconduct which occurred throughout Ms. Fisher’s…