Woman claims sexual assault by hotel massage therapist. Defense verdict. Alameda County.
Client says the male massage therapist touched her inappropriately.
- Case Name: Jane Doe v. The Claremont Hotel & Spa, A Fairmont Hotel, et al.
- Court and Case Number: Alameda County Superior / RG18923197
- Date of Verdict or Judgment: Tuesday, November 08, 2022
- Date Action was Filed: Thursday, September 27, 2018
- Type of Action: Civil Rights, Sexual Battery
- Judge or Arbitrator(s): Hon. Richard Seabolt
- Plaintiffs: Jane Doe
- Defendants: Accor Hotels & Resorts (Maryland) LLCClaremont Hotel Properties, LLCFHR Claremont Hotel Management Company, LLC
- Type of Result: Jury Verdict
- Gross Verdict or Award: Defense verdict
- Trial or Arbitration Time: 17 days
- Jury Deliberation Time: 4 hours
- Jury Polls: 11-1
- Post Trial Motions & Post-Verdict Settlements: Defendants will be seeking recovery of costs and expert fees.
- Attorney for the Plaintiff:
California Civil Rights Law Group by Larry Organ, San Anselmo.
Fiore Achermann, A Law Corporation by Jennifer Fiore, San Francisco.
- Attorney for the Defendant:
Freeman Mathis & Gary, LLP by Sharon C. Collier, Walnut Creek.
Bonjour, Thorman, Burns & Dahm by Emily Dahm, Pleasanton.
- Plaintiff’s Medical Expert(s):
Anthony Reading, Ph.D., psychology.
- Defendant's Medical Expert(s):
Joanna Berg, Ph.D., psychology.
- Plaintiff's Technical Expert(s):
Felicia Brown, massage therapy.
- Defendant's Technical Expert(s):
Heidi Roth, massage therapy.
Facts and Background
- Facts and Background:
Plaintiff claimed she was sexually assaulted at the Claremont Club & Spa during a massage on December 30, 2017. She sued the massage therapist, his employer, the hotel and spa owner, and the hotel and spa operator.
- Plaintiff's Contentions:
That the massage therapist intentionally and/or negligently touched plaintiff's breasts during the massage and that she had to remove his hands from her breasts.
- Defendant's Contentions:
Defendants denied that the massage therapist engaged in any misconduct.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Severe past and future emotional distress.
- Special Damages Claimed - Past Medical: $0
- Special Damages Claimed - Future Medical: $0
- Special Damages Claimed - Past Lost Earnings: $0
- Special Damages Claimed - Future Lost Earnings: $0
This was a Zoom jury trial. Plaintiff claimed severe emotional distress. The jury returned a complete defense verdict. Defendants beat their CCP 998 offer.
This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.
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