Jones

Jones v. Department of Corrections & Rehabilitation

Caution
152 Cal. App. 4th 1367·2007 Cal. App. LEXIS 1116·62 Cal. Rptr. 3d 200
Court of Appeal of CaliforniaJune 14, 2007D048281California5,533 words

Opinion

Opinion

O'Rourke, J.

Kim C. Jones appeals a summary judgment granted to her employer, the California Department of Correction and Rehabilitation (CDCR), and individual supervisors, Sergeants James Bolin and Gary Kuske, crew officer Michael McMinn, and Robert Hernandez, the warden at the RJ. Donovan Correctional Facility (collectively, Respondents). Jones contends the trial court erred in finding she did not present evidence of triable issues of material fact showing: (1) Respondents’ conduct constituted adverse employment actions; (2) a nexus existed between her gender and race and the adverse actions; (3) she was subjected to a severe and pervasive hostile work environment based upon her gender; Jones also contends (4) as a matter of law, her causes of action for assault and battery, emotional distress, and negligent supervision were not barred by the exclusive remedies of the workers’ compensation statutes.

We conclude Respondents met their burden on summary judgment and Jones failed to establish the existence of triable issues of material fact which could lead a reasonable trier of fact to find that she experienced harassment, discrimination and retaliation within the meaning of…

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