Accardi v. Superior Court of California

21 Cal. Rptr. 2d 292, 17 Cal. App. 4th 341 (1993)

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Accardi v. Superior Court of California

California Court of Appeal
21 Cal. Rptr. 2d 292, 17 Cal. App. 4th 341 (1993)

Facts

Debbra J. Accardi (plaintiff) worked as a police officer for the city of Simi Valley (Simi Valley) (defendant) for 11 years. Throughout her employment, Accardi was subjected to sex discrimination and sexual harassment. Following the end of her employment, Accardi filed a sex-discrimination complaint with the California Department of Fair Employment and Housing (DFEH). After receiving a right-to-sue letter, Accardi filed a civil action against Simi Valley, asserting claims of sexual harassment and intentional infliction of emotional distress, among others. Simi Valley demurred, arguing that Accardi’s claim for intentional infliction of emotional distress was barred by workers’-compensation law. Simi Valley argued that Accardi’s claim fell under a workers’-compensation statute granting exclusive jurisdiction to the Workers Compensation Appeals Board for workers’-compensation retaliation claims. The trial court sustained Simi Valley’s demurrer, and Accardi filed a petition of extraordinary writ.

Rule of Law

Issue

Holding and Reasoning (Gilbert, J.)

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