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CARTER v. DEPT. OF VETERANS AFFAIRS

No. E030908.

17 Cal.Rptr.3d 674 (2004)

121 Cal.App.4th 823

Helga CARTER, Plaintiff and Respondent, v. CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

Review Granted December 1, 2004.

Attorney(s) appearing for the Case

Joseph Maguire, John H. McCardle, Hayward, and Patricia M. Keegan for Defendant and Appellant.

Terry K. Davis, Napa, for Plaintiff and Respondent.

Graves & King, Patrick L. Graves, Harvey W. Wimer III, Riverside, and Dennis J. Mahoney, San Bernardino, for Diversified Paratransit, Inc. and California Manufacturers & Tech. Ass'n.; Jones Day for the Los Angeles Unified School District; Law Office of David J. Duchrow and David J. Duchrow, for California Employment Lawyers Association, as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

WARD, J.

Plaintiff and respondent Helga Carter worked as a nurse in a veterans residence facility administered by defendant and appellant, the Department of Veterans Affairs (the employer). Plaintiff sued the employer, alleging it was liable for sexual harassment on a hostile environment theory. The alleged hostile environment was created, not by a coemployee, but by one of the patient residents of...

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