Meyer v. Graphic Arts International Union
| Decision Date | 09 January 1979 |
| Citation | 151 Cal.Rptr. 597,88 Cal.App.3d 176 |
| Court | California Court of Appeals Court of Appeals |
| Parties | Gloria MEYER, Plaintiff and Appellant, v. GRAPHIC ARTS INTERNATIONAL UNION LOCAL NO. 63-A, 63-B, Defendant and Respondent. Civ. 52311. |
Law Offices of Fred G. Glantz, Fred G. Glantz, Encino, and Craig A. Smith, Santa Barbara, for plaintiff and appellant.
Gary W. Sawtelle, Inc., Gary W. Sawtelle and Sam L. Lebovitz, Los Angeles, for defendant and respondent.
Appellant sued Graphic Arts International Union, Local No. 63-A, 63-B (hereinafter "Union") and certain of its agents and officers for assault, battery, false imprisonment and rape. By her First Amended Complaint, she alleged that, on April 14, 1976, she was, by George Smith and others, during business hours, "attacked, beat, struck, assaulted . . . by approaching (her) and threatening to forcibly kiss and embrace (her) and forcibly kissing and embracing (her)." She alleged that, after these events, she personally contacted officers of the Union, seeking to have Smith punished for his conduct but that the officers declined to discipline, censure, criticize, suspend or discharge Smith.
She further alleged that, on April 22, 1976, she was raped by Smith and that complaint to the officers of the Union was similarly unavailing. She also alleges a third attack on May 21, 1976, again without action by the Union officers on her third complaint. Similarly, as to the three occasions, she alleges false imprisonment and failure of the Union officers to discipline Smith.
The demurrer of the Union to that complaint was sustained without leave to amend and she has appealed. We reverse.
The question before us is whether the trial court erred in sustaining the demurrer to the first amended complaint without leave to amend.
The primary issue before this court is whether the trial court erred in its view that appellant's sole and exclusive remedy lies with the workmen's compensation appeals board, as in Benjamin v. Ricks (1976) 63 Cal.App.3d 593, 132 Cal.Rptr. 758. Appellant argues that, until an award of workmen's compensation is made and satisfied, or until judgment is recovered in a civil suit for damages, appellant's remedies are cumulative or at least alternative. Appellant relies on Magliulo v. Superior Court (1975) 47 Cal.App.3d 760, 121 Cal.Rptr. 621, as support for the proposition that an injured employee may sue her employer in a civil suit for damages where the employee has been assaulted intentionally by the employer, at least until an award of workmen's compensation benefits is made and satisfied.
We conclude that, under the rationale of Magliulo, plaintiff has stated a cause of action. In discussing the theory that permits a civil action, the court in Magliulo said (at pp. 767-768, 121 Cal.Rptr. at p. 627):
"A noted commentator has stated the...
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...( City of Industry v. City of Fillmore (2011) 198 Cal.App.4th 191, 212, 129 Cal.Rptr.3d 433 ; Meyer v. Graphic Arts International Union (1979) 88 Cal.App.3d 176, 178–179, 151 Cal.Rptr. 597.) The cases LINA offers as holding that a plaintiff "must allege facts demonstrating the principal's c......
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...the employer. (Magliulo v. Superior Court (1975) 47 Cal.App.3d 760, 779, 121 Cal.Rptr. 621; see Meyer v. Graphic Arts International Union (1978) 88 Cal.App.3d 176, 178, 151 Cal.Rptr. 597; contra, Azevedo v. Abel (1968) 264 Cal.App.2d 451, 458-460, 70 Cal.Rptr. 710.) In Ramey v. General Petr......
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...court, to speculate on the ability of a plaintiff to support, at trial, allegations well pleaded." (Meyer v. Graphic Arts International Union (1979) 88 Cal.App.3d 176, 179, 151 Cal.Rptr. 597.) Plaintiff's allegations must be accepted as true for the purpose of ruling on a demurrer, unless t......
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...compensation claim]; Magliulo v. Superior Court, supra, 47 Cal.App.3d 760, 779, 121 Cal.Rptr. 621; Meyer v. Graphic Arts International Union (1979) 88 Cal.App.3d 176, 178, 151 Cal.Rptr. 597 [assault and false imprisonment not barred]; see also Iverson v. Atlas Pacific Engineering 1983) 143 ......
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...the claimant can demonstrate that the employer in fact ratified the wrongful conduct. See, e.g., Meyer v. Graphic Arts Int’l. Union , 88 Cal. App. 3d 176 (1979). §1701.3 Claims Initiated by Coworkers As a general proposition, the workers’ compensation system constitutes the worker’s exclusi......
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...the claimant can demonstrate that the employer in fact ratified the wrongful conduct. See, e.g., Meyer v. Graphic Arts Int’l. Union , 88 Cal. App. 3d 176 (1979). §1701.3 Claims Initiated by Coworkers As a general proposition, the workers’ compensation system constitutes the worker’s exclusi......