Myers

This is the second appeal by plaintiff Alissia Myers in an action against defendant Trendwest Resorts, Inc. (Trendwest), for sexual harassment in employment under the California Fair Employment and Housing Act (Gov. Code, § 12940 et seq.; FEHA). In the prior appeal, we reversed the summary judgment in favor of Trendwest on Myers’s FEHA causes of action as well as her claim for punitive damages. We affirmed the dismissal of Myers’s common law causes of action relating to her allegations of sexual harassment. (Myers v. Trendwest Resorts, Inc. (2007) 148 Cal.App.4th 1403, 1439 [ 56 Cal.Rptr.3d 501 ] (Myers I).)

After remand, the case proceeded to jury trial on the FEHA' claims for sexual harassment (Gov. Code, § 12940, subd. 0(1)), and failure to take all reasonable steps to prevent harassment (Gov. Code, § 12940, subd. (k)). The jury found that Myers had not been subjected to unwanted harassment.

On appeal, Myers contends the trial court erred by (1) failing to grant judgment notwithstanding the verdict (JNOV) because Trendwest’s statement of undisputed facts—made for purposes of summary judgment—admitted she had “suffered severe sex harassment,” (2) failing to grant JNOV…