Raymond v. Flynn
Filed 9/28/10 Raymond v. Flynn CA2/1
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
ONE
ELIZABETH RENE RAYMOND,
Plaintiff and Respondent,
v.
LARRY FLYNT et al.,
Defendants and Appellants.
B216747
(Los Angeles
County
Super. Ct.
No. BC300130)
APPEAL from
a judgment of the Superior Court
of Los Angeles
County, Kenneth R. Freeman, Judge. Reversed with directions.
Horvitz
& Levy, Barry R. Levy, Jeremy B. Rosen, Wesley T. Shih; Lipsitz Green Scime
Cambria, Paul J. Cambria, Jr., Jonathan W. Brown; Labowe, Labowe & Hoffman
and Mark S. Hoffman for Defendants and Appellants.
Mancini
& Associates, Marcus A. Mancini, Christopher Barnes; Benedon & Serlin,
Douglas G. Benedon and Gerald M. Serlin for Plaintiff and Respondent.
--------------------
On remand from this court, the trial court confirmed an arbitrator's
award of compensatory and punitive damages to Elizabeth Rene Raymond. The court concluded that the arbitrator did
not commit legal error in finding Larry Flynt and his company L.F.P., Inc. (the
Flynt defendants) liable for hostile work environment sexual harassment. The Flynt defendants appeal. We reverse and remand with instructions for
the trial court to vacate the arbitration
award.
BACKGROUND
I. Prior appeal
We incorporate substantial
portions of the statement of facts from our prior unpublished decision
remanding the case to the trial court for review of the arbitrator's legal
conclusions. (Raymond v. Flynt (Oct.
23, 2008, B195242) [nonpub. opn.].)
Raymond
began a job as an executive assistant for two executives at L.F.P., Inc. (LFP)
in March 2000. On March 14, 2000, she signed the August 1999
Employee Handbook, in effect at the time, agreeing to the terms of her
employment as outlined in the handbook.
The handbook contained a mandatory arbitration provision in which
Raymond agreed that any dispute, including one for â€
| Description | On remand from this court, the trial court confirmed an arbitrator's award of compensatory and punitive damages to Elizabeth Rene Raymond. The court concluded that the arbitrator did not commit legal error in finding Larry Flynt and his company L.F.P., Inc. (the Flynt defendants) liable for hostile work environment sexual harassment. The Flynt defendants appeal. We reverse and remand with instructions for the trial court to vacate the arbitration award. |
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