VERGOS v. McNEAL PART I

VERGOS v. McNEAL

Filed 1/23/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yolo)

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RANDY VERGOS,

Plaintiff and Respondent,

JULIE McNEAL,

Defendant and Appellant.

C051469

(Super. Ct. No. PT021600)

APPEAL from a judgment of the Superior Court of Yolo County, Thomas Edward Warriner, J. Reversed with directions.

Porter, Scott, Weiberg & Delehant and Brendan J. Begley, Michael W. Pott and George A. Acero for Defendant and Appellant.

Law Office of Geraldine Armendariz and Geraldine Armendariz; Law Office of James A. Michel and James A. Michel for Plaintiff and Respondent.

Plaintiff Randy Vergos, who alleges he was sexually harassed in his employment at the University of California at Davis (UCD), filed a civil rights claim against the manager who denied his administrative grievances--defendant Julie McNeal (acting director of UCD's Facilities Services Department^{^[1]}). McNeal appeals from the trial court's order denying her motion to strike plaintiff's third cause of action (alleging violation of civil rights) as a â€