What is the test for an action brought by a plaintiff who alleges that he was sexually harassed and sexually harassed by another plaintiff?

California, United States of America


The following excerpt is from Friedrich v. Ormanzhi, C077122 (Cal. App. 2017):

5. The court in Albertson v. Raboff, supra, 46 Cal.2d 375, quoting section 676 of the Restatement of Torts, stated, "It has been pointed out that the 'principal situations in which the civil proceedings are initiated for an improper purpose are those in which (1) the person initiating them does not believe that his claim may be held valid; (2) the proceedings are begun primarily because of hostility or ill will; (3) the proceedings are initiated solely for the purpose of depriving the person against whom they are initiated of a beneficial use of his property; [and] (4) the proceedings are initiated for the purpose of forcing a settlement which has no relation to the merits of the claim.' [Citation.]" (Albertson v. Raboff, supra, 46 Cal.2d at p. 383.)

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