Taylor v. Beth Eden Baptist Church

• Decision Date: 05 August 2003
• Docket Number: No. C-03-0685 JCS.,C-03-0685 JCS.
• Citation: 294 F.Supp.2d 1074
• Parties: Lori TAYLOR, Plaintiff, v. BETH EDEN BAPTIST CHURCH, et al., Defendants.
• Court: U.S. District Court — Northern District of California

294 F.Supp.2d 1074

Lori TAYLOR, Plaintiff, v. BETH EDEN BAPTIST CHURCH, et al., Defendants.

No. C-03-0685 JCS.

United States District Court, N.D. California.

August 5, 2003.

COPYRIGHT MATERIAL OMITTED

Pamela Y. Price, A Professional Law Corporation, Oakland, CA, for Plaintiff.

Gary L. Hall, Law Offices of Gary L. Hall, Kevin G. Howard, Roseville, CA, Jerome M. Varanini, Esq., Trimble Sherinian & Varanini, Sacramento, CA, for Defendants.

ORDER GRANTING MOTION TO DISMISS AS TO DEFENDANT BETH EDEN BAPTIST CHURCH AND GRANTING IN PART AND DENYING IN PART AS TO DEFENDANT GILLETTE JAMES [Docket Nos. 5 and 7]

SPERO, United States Magistrate Judge.

I. INTRODUCTION

In this action, Plaintiff Lori Taylor brings sex discrimination, harassment and retaliation claims against Defendant Beth Eden Baptist Church ("Beth Eden") and its pastor, Defendant Gillette James. Beth Eden filed a Motion to Dismiss ("the Motion"), and James filed a Notice of Joinder in the Motion. Taylor filed a Statement of Non-Opposition as to Beth Eden but opposed the Motion as to James. The Motion came on for hearing on Friday, August 1, 2003 at 9:30 a.m. The Court GRANTS the Motion as to Beth Eden on the ground that it is unopposed. Accordingly, Claims Four, Six and Nine are dismissed with prejudice as to Beth Eden. As to James, the Court GRANTS the Motion as to Claims Six and Nine, which are dismissed with prejudice, and DENIES the Motion as to Claim Four, for the reasons stated below.¹

II. BACKGROUND

A. Facts

Plaintiff Lori Taylor worked as Beth Eden's Youth and Young Adult Minister from July 2001 to November 2002. First Amended Complaint (hereinafter "FAC") at ¶¶ 3, 8, 10. In addition, Taylor has been a member of Beth Eden and has attended services regularly since January 14, 1990. Id. at ¶ 7. At the time of the relevant events, James was employed as the pastor of Beth Eden. Id. at ¶ 5. Although Taylor does not allege explicitly in her complaint that James was her supervisor, the job description for Taylor's position that was attached to her original complaint states that the Youth and Young Adult Minister is directly accountable to the Pastor. Exh. A to FAC (Youth and Young Adult Minister's Job Specification).

Taylor alleges that on February 19, 2002, Taylor went to James's "private study for private and personal counseling." Id. at ¶ 9. According to Taylor, as she was leaving his study, James "abruptly left his desk, rushed over to her and physically grabbed her" and then "pulled Taylor to him in a very personal and sexually provocative manner." Id. Taylor alleges that she "pulled herself from his grasp and ran from his study." Id.

Plaintiff alleges that she was "extremely disturbed" by this incident. Id. at ¶ 10. On May 2, 2002, Taylor took a leave of absence at the recommendation of her doctor and filed for Workers Compensation benefits. Id. In September 2002, Taylor was approved to receive Workers Compensation benefits. Id. Taylor alleges that she "did not abandon her position with the Church." Id. at ¶ 11. According to Taylor, she received a letter regarding her employment from Beth Eden's personnel committee on September 27, 2002.² Id. In addition, a letter from the personnel committee to Taylor's doctor dated October 21, 2002 stated that "until Taylor returned as the Youth Minister, the Personnel Chairperson would recommend to the Personnel Committee that an interim person serve in her position." Id.

On "the first Sunday of November 2002, Taylor went to Beth Eden to worship as usual." Id. at ¶ 12. According to Taylor, when she returned to her car, she found "a document on her car referring to the Pastor's history of infidelities and predatory exploitation of female petitioners." Id. Taylor further alleges that "[a]s a result of [her] complaints about Defendant [James'] inappropriate sexual advances toward her and other female parishioners, Defendant [James] and Beth Eden slandered her reputation, filed and served a request for a Temporary Restraining Order prohibiting her from entering the Church, and subjected her to undue criticism and ridicule from other Church members." Id. at ¶ 14.

On March 1, 2002, Taylor filed a claim with the California Department of Fair Housing and Employment (DFEH) with a request for joint filing with the Equal Employment Opportunity Commission (EEOC). Id. at ¶ 15. A Notice of Right to Sue was issued by the DFEH on February 12, 2003 and by the EEOC on February 13, 2003. Id.

B. Procedural Background

Taylor filed a Complaint on February 18, 2003 and her First Amended Complaint on May 27, 2003. In her First Amended Complaint, Taylor asserts the following claims:

1. Claim One: Sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000 et seq.

2. Claim Two: Unlawful retaliation in violation of 42 U.S.C. § 1981(a).

3. Claim Three: Intentional infliction of emotional distress.

4. Claim Four: Negligent infliction of emotional distress.

5. Claim Five: Unlawful denial of employment in violation of California Constitution Article I, Section 8.

6. Claim Six: Sex discrimination in violation of California Fair Employment and Housing Act (FEHA), Cal. Gov.Code §§ 12900 et seq.

7. Claim Seven: Sexual harassment in violation of California Civil Code § 51.9.

8. Claim Eight: Sexual battery in violation of California Civil Code § 1708.5.

9. Claim Nine: Retaliation in violation of California Fair Employment and Housing Act (FEHA), Cal. Gov.Code §§ 12900 et seq.

Defendant Beth Eden filed a Motion to Dismiss on June 20, 2002. In the Motion, Beth Eden seeks dismissal of Taylor's Fourth, Sixth and Ninth Claims. Beth Eden argues that Claim Four, for negligent infliction of emotional distress, is barred under California Labor Code § 3602 because Workers Compensation benefits provide the exclusive remedy for Taylor's injury. Beth Eden argues that Claims Six and Nine — for discrimination and retaliation in violation of FEHA — are barred because of FEHA's exemption for religious entities.

James filed a Notice of Joinder in Beth Eden's Motion and also filed a separate memorandum of points and authorities. James seeks dismissal of the same three claims, and relies on essentially the same legal arguments in support of dismissal of those claims. In addition, he argues that to the extent Plaintiff is asserting a claim for defamation in her First Amended Complaint, that claim should be dismissed for failure to state a claim.

In response to the Motion, Taylor filed a statement of non-opposition as to Beth Eden and a separate opposition brief as to James. In her opposition, Taylor makes the following arguments. With respect to Claim Four, for negligent infliction of emotional distress, Plaintiff argues that the exclusive remedy provision of California Labor Code § 3602 exempts employers from civil liability but does not exempt employees. Similarly, as to Claims Six and Nine, Taylor argues that the exemption for religious entities under FEHA does not extend to individual supervisors, who are not themselves employers. Taylor stipulated that she is not asserting a claim for defamation.

In his Reply, James concedes that California Labor Code § 3602 does not apply to employees, but argues that Claim Four is, nonetheless, barred as to James under California Labor Code § 3601. Section 3601 addresses Workers Compensation exclusivity as to claims against fellow employees. In addition, James argues that all of Taylor's FEHA claims are barred as to James because it would make no sense to exempt religious entities from FEHA without also making employees of such entities exempt.

III. ANALYSIS

A. Legal Standard

A complaint should not be dismissed for failure to state a claim under Fed.R.Civ.P. 12(b)(6) "unless it appears beyond doubt that a plaintiff could prove no set of facts in support of his claim which would entitle him to relief." Durning v. First Boston Corp., 815 F.2d 1265, 1267 (9th Cir.1987)(quoting Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). In ruling on a motion to dismiss, all allegations of material fact are taken as true and construed in the light most favorable to the non-moving party. Id. The district court generally may not consider matters outside the pleadings on a motion to dismiss. Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir.1994). However, material which is properly submitted as part of the complaint may be considered on a motion to dismiss. Id.

B. Claim Four (Negligent Infliction of Emotional Distress)

Beth Eden argued in its Motion that Taylor's claim for negligent infliction of emotional distress must be dismissed because, under California Labor Code § 3602, the Workers Compensation scheme provides the exclusive remedy for Taylor's injury. James also relied on § 3602 in his memorandum in support of the Motion. However, in his Reply brief, he concedes that § 3602 does not apply to him. Instead, he argues that Claim Four is barred under California Labor Code § 3601. The Court agrees that § 3601 is the relevant provision, but concludes that that provision does not make the Workers Compensation remedy exclusive with respect to Taylor's claim for negligent infliction of emotional distress against James as currently pled.

Section 3601 provides, in part, as follows:

(a) Where the conditions of compensation set forth in Section 3600 concur, the right to recover such compensation, pursuant to the provisions of this division is, except as specifically provided in this section, the exclusive remedy for injury or death of an employee against any other employee of the employer acting within the scope of his or her employment, except that an employee, or his or her dependents in the event of his or her death, shall, in addition to the right to compensation against the employer, have a right to bring an action at law for damages against the other employee, as if this division did not apply, in either of the following cases:

(1) When the injury or death...