Fretland
Fretland v. County of Humboldt
Opinion
Opinion
Haerle, J.
I. Introduction
Jon C. Fretland (Fretland) appeals a summary judgment which disposed of his action against his former employer, the County of Humboldt (the County). Fretland contends triable issues of fact exist as to his claims for discrimination in violation of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.; FEHA), assault and battery and emotional distress.
In an opinion certified for partial publication that was filed on May 5, 1998, this court held that Fretland’s claims are barred by the exclusive remedy provisions of the workers’ compensation law and affirmed the judgment. Our Supreme Court granted review on August 12, 1998. On September 30, 1998, the court transferred this case to us with directions to vacate our prior decision and to reconsider the cause in light of City of Moorpark v. Superior Court (1998) 18 Cal.4th 1143 [ 77 Cal.Rptr.2d 445 , 959 P.2d 752 ] (City of Moorpark).
Our May 5, 1998, decision in this case is hereby vacated. We hold that, under City of Moorpark , Fretland’s FEHA and emotional distress claims are not barred by the exclusive remedy provisions of the workers’ compensation law. However, we affirm summary…