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Case Name Valdivia v. Del Monte Foods
Date 12/09/2010
Note A trial judge's warning that he might have to declare a mistrial in a worker's civil suit in order to hear other cases did not constitute a prejudicial error.
Citation F056866
WCC Citation WCC 36902010 CA
ELIZABETH VALDIVIA, Plaintiff and Appellant, v. DEL MONTE FOODS, INC. et al. , Defendants and Respondents. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS OPINION WISEMAN, Acting P. J. Elizabeth Valdivia, an employee of Del Monte Foods, Inc. , sued Del Monte and its plant manager, Jim Fullmer, for sexual harassment. Valdivia alleged five causes of action against Fullmer and Del Monte: sexual harassment; intentional infliction of emotional distress; negligent infliction of emotional distress; sexual battery; and negligent failure to supervise and train. If found that negligence by Del Monte in hiring or supervising Fullmer was not a factor in causing harm to Valdivia. Finally, it found that Valdivia did not prove by clear and convincing evidence that Del Monte engaged in conduct against her with malice, oppression, or fraud.

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