Murillo

Murillo v. Rite Stuff Foods, Inc.

Good Law
1998 Cal. App. LEXIS 651·65 Cal. App. 4th 833·77 Cal. Rptr. 2d 12·98 Daily Journal DAR 7985·77 Fair Empl. Prac. Cas. (BNA) 605
Court of Appeal of CaliforniaJune 30, 1998B114877California6,120 words

Opinion

Opinion

Spencer, J.

Introduction

Plaintiff Isela Murillo appeals from a summary judgment entered in favor of defendant Rite Stuff Foods, Inc. We reverse the judgment.

Procedural and Factual Background

On January 3, 1996, plaintiff sued defendant and its agents for sexual harassment, wrongful termination, breach of contract and the contractual covenant of good faith and fair dealing, general negligence, negligent supervision and retention of an employee, invasion of privacy, assault, battery, false imprisonment and the intentional and negligent infliction of emotional distress. Plaintiffs claims arose from her three-month employment with defendant. She commenced her employment as an assembler on February 6, 1995.

Throughout her employment, plaintiff alleges, her immediate supervisor, Efren Atilano (Atilano), touched her inappropriately and made crude sexual propositions and lewd remarks to her. He isolated her from other employees to facilitate his predations. He insulted her in front of her coworkers. Atilano engaged in all of this conduct against plaintiffs will.

On two separate occasions, plaintiff complained of Atilano’s conduct to Jose Orlando Tobar (Tobar), the plant manager. Tobar…

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