Knoettgen

By petition for a writ of mandate, a plaintiff challenges an order granting defendant’s motion to compel discovery in a battery and employment discrimination action.

Petitioner’s complaint alleges the following. In about 1978, she was the first woman ever hired by defendant Transit Mixed Concrete Company as a concrete truck driver. She remained its only woman driver for four years. In March 1989 a coworker, defendant Steve Corral, criminally assaulted petitioner at work. It is unnecessary, for purposes of this opinion, to describe this assault in detail. It is sufficient to say that while Corral and his employer might hope to characterize it as mere friendly horseplay in celebration of petitioner’s 30th birthday, what petitioner alleges is blatant hands-on sexual harassment. Petitioner also alleged harassment by other employees on numerous occasions.

Investigating the attack by Corral, the employer learned petitioner had been attacked by men twice in her childhood. At her deposition, petitioner refused to answer the employer’s questions about those events. The employer moved for an order compelling her to answer. The trial court granted the motion, and this petition…