Claxton v. Waters 3/12/02 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B141129

Case Date: 06/13/2002

Preview:Filed 3/12/02

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

CAROLYN CLAXTON, Plaintiff and Appellant, v. RAY WATERS and PACIFIC MARITIME ASSOCIATION, Defendants and Respondents.

B141129 (Los Angeles County Super. Ct. No. NC 024284)

APPEAL from a judgment and an order of the Superior Court for the County of Los Angeles. Richard F. Charvat, Judge. Reversed and remanded. Joseph R. Zamora for Plaintiff and Appellant. Gibson, Dunn & Crutcher, David A. Cathcart and Michele L. Maryott for Defendants and Respondents.

____________________________

SUMMARY Carolyn Claxton appeals from a grant of summary judgment in favor of Ray Waters and her former employer, Pacific Maritime Association, on her claim for sexual harassment. Claxton asserts that a "compromise and release" she executed of her claims for workers' compensation benefits did not bar her civil claim, and that the trial court should have permitted her to amend her complaint to plead a constructive discharge. We conclude that (1) triable issues of material fact precluded summary judgment on the question whether Claxton released her claims for emotional distress damages from the sexual harassment, and (2) the trial court did not abuse its discretion in refusing to allow Claxton to amend her complaint because she cannot, as a matter of law, establish a claim for constructive discharge in violation of public policy. FACTUAL AND PROCEDURAL BACKGROUND Claxton was employed by PMA as an office assistant from February 1995 until her resignation on September 16, 1997. PMA is a multi-employer association that performs labor relations functions for stevedoring, shipping and marine terminal companies. Waters was employed by PMA as senior administrator for its Southern California training and accident prevention department and was Claxton's immediate supervisor. After her resignation, Claxton filed this lawsuit, as well as two applications for adjudication of claims with the Workers' Compensation Appeals Board (WCAB), as follows:

Download Claxton v. Waters 3/12/02 CA2/8.pdf