Meyer v. Graphic Arts International Union

Opinion

KINGSLEY, J.

Appellant, an employee of Graphic Arts International Union, Local No. 63-A, 63-B (hereinafter Union), sued the 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 alleged 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.

[178]

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 Workers’ 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 workers’ 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.