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“The tort of gender-related violence is codified in Civ.C. 52.4. It provides monetary and other remedies for injuries resulting from forceful criminal acts or coercive physical invasions of a sexual nature.”

Comparing related statutes, Civ.C. 51.7 “creates a cause of action against someone who engages in violence or intimidation by threats of violence on the basis of specified characteristics, including gender. Civ.C. 51.9 prohibits sexual advances or other unwanted sexual conduct by someone with whom [the] plaintiff is in a business, service or professional relationship, or by someone who holds himself or herself out as being able to help [the] plaintiff establish a business, service or professional relationship with the defendant or third party. Civ.C. 1708.5 makes actionable sexually offense contact resulting from an act intended to cause harmful or offensive contact either with an intimate part of another person, or with another person by use of the actor’s intimate part or resulting from an act intended to cause imminent apprehension of such conduct.”

[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]

Post Author: lawofficesofjamesrdickinson