Camargo
Camargo v. California Portland Cement Co.
Opinion
Opinion
Sims, J.
Plaintiff Pamela T. Camargo was a member of a union and was employed by defendant California Portland Cement Company (CPCC or the company).
The union and CPCC entered into a collective bargaining agreement (CBA) that provided for the resolution of disputes or grievances by binding arbitration.
Pursuant to the CBA, Camargo submitted her grievances based on sex discrimination and sexual harassment to arbitration. The arbitrator ruled against her, and the arbitrator’s “award” was confirmed by the United States District Court for the Eastern District of California, which opined that Camargo was still entitled to pursue her federal statutory claims in court.
Camargo did not file suit in federal court. Instead, she filed a complaint in San Joaquin County Superior Court. Her complaint sought damages from CPCC and from individual defendants Gary Beeson, Mike Dominisse, and Mike O’Dell for sex discrimination and sexual harassment under California’s Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (FEHA) and for intentional infliction of emotional distress.
Defendants demurred to the complaint. They contended that Camargo’s FEHA claims were collaterally estopped by…