Hurley v. California Dept. of Parks and Recreation

February 21, 2018 by Justia

Plaintiff Delane Hurley appealed a judgment in her action against defendants California Department of Parks and Recreation (DPR) and Leda Seals (together Defendants) that alleged, inter alia, causes of action for sexual orientation discrimination, sex discrimination, sexual harassment, retaliation, and failure to prevent discrimination, harassment, and retaliation, all in violation of the Fair Employment and Housing Act (“FEHA”), and a cause of action for violation of the Information Practices Act (“IPA”) and additionally alleged causes of action against Seals only for intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). Following trial, the jury returned verdicts in favor of Defendants on the FEHA causes of action, against Defendants on the IPA cause of action, and against Seals on the IIED and NIED causes of action. The jury awarded Hurley $19,200 for past economic damages and $19,200 for past noneconomic losses against both Defendants, and $28,800 in punitive damages against Seals only. The court denied Defendants' motions for judgment notwithstanding the verdict (JNOV). On appeal, Hurley contended trial court erred by excluding evidence that was relevant to her FEHA causes of action. DPR and Seals challenged the judgment against them on the IPA cause of action and the trial court's denial of their JNOV motions. DPR contended: (1) there was insufficient evidence to support the finding it violated the IPA; and (2) the litigation privilege under Civil Code section 47(b), barred the IPA cause of action against it. Seals contended: (1) there was insufficient evidence to support the finding she violated the IPA; (2) the litigation privilege barred the IPA cause of action against her; (3) the IPA cause of action was alleged under, and the jury was instructed on, a statute that was inapplicable to her; (4) there was insufficient evidence to support the findings against her on the IIED and NIED causes of action; (5) the workers' compensation exclusivity doctrine barred the IIED and NIED causes of action against her; and (6) the punitive damages award against her must be reversed for, inter alia, instructional error and insufficiency of the evidence to support it. After review, the Court of Appeal affirmed the judgment, except for the award of economic damages against DPR, and modified the judgment accordingly. View "Hurley v. California Dept. of Parks and Recreation" on Justia Law