Doe

Introduction

An aspiring actor is first drugged and then gang-raped by a casting director and four other men one Sunday at the casting director’s home. Can the actor successfully allege causes of action for sexual harassment and negligent hiring against the casting director’s employers? The trial court ruled against the actor, sustaining a demurrer without leave to amend. On this appeal, we analyze the allegations in the actor’s second amended complaint in light of pertinent statutory and decisional law and conclude that he has adequately pled a cause of action for sexual harassment but that the allegations for negligent hiring are insufficient as a matter of law.

Factual Background

The Facts

The operative pleading is the second amended complaint. In reviewing the sufficiency of that pleading, we treat the demurrer as “ ‘admitting all material facts properly pleaded.’ ” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) Those core facts are as follows. Plaintiff is an aspiring actor. Defendant Jerry Marshall (Marshall) is an associate director of casting and talent of defendant ABC Entertainment, a division of American Broadcasting…