Camacho v. Target Corp.

• Citation: 24 Cal.App.5th 291,234 Cal.Rptr.3d 223
• Decision Date: 08 June 2018
• Docket Number: D073280
• Court: California Court of Appeals
• Parties: Adrian CAMACHO, Plaintiff and Appellant, v. TARGET CORPORATION, Defendant and Respondent.

24 Cal.App.5th 291

234 Cal.Rptr.3d 223

Adrian CAMACHO, Plaintiff and Appellant,

v.TARGET CORPORATION, Defendant and Respondent.

D073280

Court of Appeal, Fourth District, Division 1, California.

Filed June 8, 2018

Rodriguez & King, Rob A. Rodriguez, Stephen A. King and Richard A. Apodaca, Ontario, for Plaintiff and Appellant.

Foley & Lardner, Krista M. Cabrera and Archana A. Manwani, Los Angeles, for Defendant and Respondent.

AARON, J.

I.INTRODUCTION

Plaintiff Adrian Camacho appeals from a judgment entered after the trial court granted summary judgment in favor of defendant Target Corporation (Target) on Camacho's causes of action for discrimination based on sexual orientation, harassment causing a hostile work environment, failure to prevent harassment and discrimination, retaliation, constructive termination in violation of public policy, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent hiring, supervision, and retention, and a violation of the Bane Act ( Civ. Code, § 52.1 ). The trial court concluded that language included in an addendum to a preprinted compromise and release form utilized to settle Camacho's workers' compensation action against Target constituted a broad release of any and all potential claims that Camacho may have had against Target, including claims falling outside the workers' compensation system.

After reviewing the relevant language in the addendum and considering that language in the context of the entire settlement agreement, we conclude that the trial court erred in determining that certain language contained in the addendum to the settlement agreement executed by the parties in Camacho's workers' compensation case constitutes a general release of all of Camacho's civil claims. We therefore reverse the judgment.

II.FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background

Camacho began working as a cashier at Target in August 2012. Target has a zero-tolerance policy with respect to harassment and discrimination in the workplace. Camacho complained to his supervisor and to individuals in the Human Resources Department, and also called Target's "Anonymous Hotline," regarding repeated verbal harassment from his coworkers at Target based on the fact that he is gay. According to Camacho, his coworkers would ridicule, mimic, and mock him, sometimes in the presence of Target customers.¹

Camacho alleges that rather than take corrective action in response to his complaints, Target instead retaliated against him by denying him a promotion and allowing the hostile work conditions to continue, unabated.

According to Camacho, he was constructively discharged because the situation had become intolerable at his workplace and he "felt forced to resign." (Boldface omitted.) He resigned his employment with Target on September 30, 2014.

B. Procedural background

In August 2014, prior to resigning, Camacho filed a claim for workers' compensation benefits, based on his assertion of workplace injuries that he suffered as a result of the harassment he endured while employed at Target. Specifically, Camacho asserted injuries related to head and neck pain, as well as digestive and psychological problems. Camacho was represented in the workers' compensation action by the same attorney who represented him in this case.

In March 2015, Camacho settled his workers' compensation case with Target. He executed the mandatory preprinted Compromise and Release (C& R) form that is utilized in all workers' compensation cases. Camacho and Target also executed an addendum (Addendum A) that includes additional terms.² Addendum A was attached to the C& R. Camacho received $12,000 in exchange for executing the settlement document.

The Workers' Compensation Appeals Board (WCAB) issued an order approving the settlement between Camacho and Target approximately a week after the parties executed the C&R and Addendum.

In April 2015, Camacho received a right-to-sue letter from the Department of Fair Employment and Housing (DFEH).

In August 2015, Camacho filed the operative First Amended Complaint, in which he asserted the following causes of action for discrimination based on sexual orientation; harassment causing a hostile work environment; failure to prevent harassment and discrimination; retaliation; constructive termination in violation of public policy; intentional infliction of emotional distress; negligent infliction of emotional distress; negligent hiring, supervision, and retention; and a violation of the Bane Act ( Civ. Code, § 52.1 ).

Target answered the complaint.

In September 2016, Target moved for summary judgment and/or summary adjudication. After full briefing by the parties but prior to the hearing, the trial court issued a tentative ruling in favor of Target. After oral argument, the court adopted its tentative ruling and granted Target's motion for summary judgment in its entirety. The trial court concluded that the C&R and Addendum executed by the parties in Camacho's workers' compensation case constitutes a general release of all potential civil claims that Camacho might have as a result of the harassment he experienced at Target. The court entered judgment in favor of Target.

Camacho filed a motion for new trial. After hearing oral argument on the motion for new trial, the court took the matter under submission. The court ultimately denied the motion.

Camacho filed a timely notice of appeal.

III.DISCUSSION

A. Summary judgment standards

"Summary judgment and summary adjudication provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute. [Citations.] A defendant moving for summary judgment or summary adjudication may demonstrate that the plaintiff's cause of action has no merit by showing that (1) one or more elements of the cause of action cannot be established, or (2) there is a complete defense to that cause of action." ( Collin v. CalPortland Co . (2014) 228 Cal.App.4th 582, 587, 176 Cal.Rptr.3d 279 ( Collin ).)

Generally, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if [that party] carries [t]his burden of production, [the moving party] causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact." ( Aguilarv. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 850, 107 Cal.Rptr.2d 841, 24 P.3d 493.) In moving for summary judgment, "all that the defendant need do is to show that the plaintiff cannot establish at least one element of the cause of action—for example, that the plaintiff cannot prove element X ." ( Id. at p. 853, 107 Cal.Rptr.2d 841, 24 P.3d 493.) "A defendant moving for summary judgment or summary adjudication need not conclusively negate an element of the plaintiff's cause of action. [Citations.] Instead, the defendant may show through factually devoid discovery responses that the plaintiff does not possess and cannot reasonably obtain needed evidence." ( Collin , supra , 228 Cal.App.4th at p. 587, 176 Cal.Rptr.3d 279.)

"After the defendant meets its threshold burden [to demonstrate that a cause of action has no merit], the burden shifts to the plaintiff to present evidence showing that a triable issue of one or more material facts exists as to that cause of action or affirmative defense. [Citations.] The plaintiff may not simply rely on the allegations of its pleadings but, instead, must set forth the specific facts showing the existence of a triable issue of material fact. [Citation.] A triable issue of material fact exists if, and only if, the evidence reasonably permits the trier of fact to find the contested fact in favor of the plaintiff in accordance with the applicable standard of proof." ( Collin , supra , 228 Cal.App.4th at p. 588, 176 Cal.Rptr.3d 279.)

"On appeal, the reviewing court makes ' "an independent assessment of the correctness of the trial court's ruling [regarding summary judgment], applying the same legal standard as the trial court in determining whether there are any genuine issues of material fact or whether the moving party is entitled to judgment as a matter of law." ' " ( Hesperia Citizens for Responsible Development v. City of Hesperia (2007) 151 Cal.App.4th 653, 658, 60 Cal.Rptr.3d 124.) Our task is to determine whether a triable issue of material fact exists. ( Collin , supra , 228 Cal.App.4th at p. 588, 176 Cal.Rptr.3d 279.) In independently examining the record on appeal "to determine whether triable issues of material fact exist," we " 'consider[ ] all the evidence set forth in the moving and opposition papers except that to which objections were made and sustained.' " ( Ambriz v. Kelegian (2007) 146 Cal.App.4th 1519, 1530, 53 Cal.Rptr.3d 700.)

B. The relevant documents

The language of the C&R and the Addendum that form the basis of Target's contention that Camacho waived his right to bring the current claims against Target when he executed the settlement agreement in his workers' compensation case is central to this appeal.

The preprinted form C&R comprises nine pages. There are a number of places on the form where the parties are to fill in information and/or mark specific choices or options. In paragraph 1, which begins on page 3 of the C&R, the completed form states that "IT IS CLAIMED THAT" while Camacho was "employed as a(n) CASHIER/TEAM MEMBER" he "sustained injury arising out of and in the course of employment" at the Target located in Corona, California. The form requests that the applicant "[s]tate with specificity the date(s) of injury(ies) and what part(s) of body, conditions or symptoms are being settled." Camacho listed the start date of his injuries as "10/01/2013" and the end date as "08/01/2014," and identified the "Body Part[s]" to which he suffered injuries as "HEAD," "...