Myers
Myers v. Trendwest Resorts, Inc.
Opinion
Opinion
Sims, J.
In this action alleging sexual harassment in employment under the Fair Employment and Housing Act (Gov. Code, § 12940 et seq. (FEHA)) and common law claims (sexual battery, false imprisonment, and intentional infliction of emotional distress), plaintiff Alissia Myers appeals from summary judgment entered in favor of her former employer, defendant Trendwest Resorts, Inc. (Trendwest). Plaintiff contends triable issues of material fact exist. Plaintiff also appeals from the trial court’s award of attorney’s fees to Trendwest under the FEHA.
We shall reverse the judgment because Trendwest (1) failed to show entitlement to judgment on the FEHA claims alleged in counts one and two and (2) failed to show entitlement to summary adjudication regarding the punitive damages alleged in count one. We shall affirm the trial court’s grant of summary adjudication in favor of Trendwest on the other counts. We shall reverse the order awarding attorney’s fees.
STANDARD FOR SUMMARY JUDGMENT
A motion for summary judgment should be granted if the submitted papers show that “there is no triable issue as to any material fact,” and that the moving party is entitled to judgment as a matter of…