“Civ.C. sec. 51.9 prohibits ‘pervasive and severe’ sexual harassment in a broad array of business, service and professional relationships outside the workplace. . . To prevail, plaintiff must prove the existence of a qualifying business, service or professional relationship involving defendant, or that defendant holds himself or herself out as being able to help plaintiff establish a business, service or professional relationship with defendant or third party; sexual harassment that is unwelcome and either severe or pervasive; the inability to terminate the relationship with ease; causation; and injury. The statute does not address sexual harassment in employer-employee relationships.
“A covered “relationship” is one between plaintiff and any of the following: physician, psychotherapist (as defined) or dentist; attorney; social worker (as defined); real estate agent or real estate appraiser; investor; accountant; banker, trust officer, financial planner, loan officer, escrow loan officer or collection service; building contractor; escrow loan officer; executor, trustee, or administrator; landlord or property manager; teacher; elected official; lobbyist; director or producer. This list is not exclusive, and the statute also covers any relationship that is “substantially similar” to those listed.” A meritorious plaintiff can recover damages.
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
