Dept. Health Svcs. v. Super. Ct. 11/29/01 CA3

State: California

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

Docket No: C034163

Case Date: 11/29/2001

Preview:Filed 11/29/01

CERTIFIED FOR PUBLICATION *

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT
(Sacramento)

C034163 DEPARTMENT OF HEALTH SERVICES, (Super.Ct.No. 98AS02085) Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THERESA V. MCGINNIS, Real Party in Interest.

ORIGINAL PROCEEDINGS in mandate. John R. Lewis, Judge. Petition denied. Bill Lockyer, Attorney General, Davis S. Chaney, Senior Assistant Attorney General, James M. Schiavenza, Lead Supervising Deputy Attorney General, Jacob Appelsmith, Supervising Deputy Attorney General, Barbara A. Morris and Nina Thompson, Deputies Attorney General, for Petitioner. No appearance for Respondent. Quackenbush & Quackenbush, William C. Quackenbush, Christopher H. Whelan for Real Party in Interest.

*

Pursuant to California Rules of Court, rules 976(b) and 976.2, this opinion is certified for publication. 1

In two companion cases, Burlington Industries v. Ellerth (1998) 524 U.S. 742 [141 L.Ed.2d 633] (Burlington) and Faragher v. City of Boca Raton (1998) 524 U.S. 775 [141 L.Ed.2d 662] (Faragher ), the United States Supreme Court outlined a defense available to an employer sued for sexual harassment under 42 U.S.C.

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