Rieger

*455 Opinion

Plaintiff Melanie Rieger claimed to have been a victim of job discrimination in the form of a sexually harassing “hostile” work environment. (E.g., Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1146 [ 74 Cal.Rptr.2d 510 ] (Weeks).) She filed an action alleging this and other theories against the defendants Clayeo C. Arnold, his office manager (Susan Artenstein), and his professional law corporation. (Rieger v. Arnold (Super. Ct. Sacramento County, 1997, No. 97AS03390).) The defendant law firm and defendant Arnold filed an action against the plaintiff seeking, inter alia, damages and injunctive relief for misappropriation of trade secrets and interference with computer records. (Arnold v. Rieger (Super. Ct. Sacramento County, 1997, No. 97AS00985).) The parties tried these actions jointly to a jury. The court entered judgment in favor of the defendants. The plaintiff appeals from the judgment in case No. C034625, and from various postjudgment orders in case No. C035383. 1 We have consolidated the two appeals.

In the published portion of this opinion, we address the plaintiffs contention that the trial court erred in admitting evidence of her prior sexual…

I concur in the result. I also concur in the majority opinion except for the part defining the term “perpetrator” as found in Evidence Code section 1106, subdivision (b). Because, in my view, the majority defines the term too narrowly, I write separately.

The Legislature did not have hostile work environment harassment cases in mind when it enacted Evidence Code section 1106 and made the exception for conduct with a “perpetrator.” The statute fails to address, directly, whether the plaintiff’s sexual conduct is admissible on the issue of welcomeness and it gives no indication of what a “perpetrator” is when the plaintiff sues a corporate defendant or any other kind of employer, alleging harassment in the workplace. Review of the legislative history of section 1106 only reinforces the conclusion that the Legislature did not intend for section 1106 to apply to hostile work environment harassment cases, most likely because the subject never came up. Nonetheless, section 1106 includes the broad term “sexual harassment.” Therefore, I presume the Legislature would have us attempt to apply the public policy behind the statute, even if the face of the statute and its history reveal a…

Certified for Partial Publication. [*]

DAVIS, Acting P.J.

Plaintiff Melanie Rieger claimed to have been a victim of job discrimination in the form of a sexually harassing "hostile" work environment. (E.g., Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1146 , 74 Cal.Rptr.2d 510 ( Weeks ).) She filed an action alleging this and other theories against defendants Clayeo Arnold, his office manager (Susan Artenstein), and his professional law corporation. ( Rieger v. Arnold, Super. Ct. Sacramento County, 1997, No. 97AS03390.) The defendant law firm and defendant Arnold filed an action against the plaintiff seeking, inter alia, damages and injunctive relief for misappropriation of trade secrets and interference with computer records. ( Arnold v. Rieger, Super. Ct. Sacramento County, 1997, No. 97AS00985.) The parties tried these actions jointly to a jury. The court entered judgment in favor of the defendants. The plaintiff appeals from the judgment in case number C034625, and from various postjudgment orders in case number C035383. [1] We have consolidated the two appeals.

In the published portion of this opinion, we address the plaintiffs contention that the trial court erred…