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Palmer v. GTE California Incorporated1/30/2002
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Plaintiff Debbie Palmer appeals an order granting a new trial and judgment notwithstanding the verdict in favor of defendant GTE California Incorporated (GTE), her employer, and also challenges a partial non-suit. Her primary contention is that her service on GTE of a file-stamped copy of the judgment was "written notice of entry of judgment" under Code of Civil Procedure sections 659 and 660 so as to commence the 15-day period for any party to move for a new trial or for judgment notwithstanding the verdict and the 60-day period for the court to rule on the motions. GTE contends a notice of entry of judgment must comply with section 664.5 to be effective under sections 659 and 660. We agree with Palmer and conclude that GTE's posttrial motions were untimely and the order granting the motions is void. We also conclude that Palmer's appeal from the judgment was untimely.
GTE appeals the judgment contending there is no substantial evidence to support the verdict on counts for false imprisonment and harassment, and also appeals an order denying in part its motion for judgment notwithstanding the verdict. We conclude that GTE's appeal from the judgment was timely, substantial evidence supports the verdict, and GTE's appeal from the denial of its motion for judgment notwithstanding the verdict is moot.
FACTUAL AND PROCEDURAL BACKGROUND
a. Palmer's Employment
We view the facts in the light most favorable to Palmer as prevailing party in accordance with the standard of review on appeal, discussed post.
Palmer worked for GTE as an equipment maintainer beginning in January 1981 after two years as a telephone operator. Oscar Celis was a co-worker, Jeffrey Ast was their immediate supervisor, Bruce Lee supervised another unit, and Gale Jordan was head supervisor.
Celis sometimes referred to Palmer as "honey," "babe," and "stupid woman," and characterized women in the office as overweight in Palmer's presence, in the fall of 1993. She considered the comments demeaning and asked him not to speak in that manner, but he persisted. Palmer complained to Ast, their supervisor, about Celis's behavior, and some of the comments were made in Ast's presence. When she complained to Ast, Ast remained silent and appeared indifferent. Ast spoke privately with Celis and told him to behave appropriately around Palmer but did not caution him specifically about the demeaning language. Celis continued the behavior through the spring of 1994, and Palmer continued complaining to Ast, to no avail.
Ast subjected Palmer to unwelcome conversation of a sexual nature. He discussed his vasectomy in detail and sang a song about it. Palmer asked him to stop, but he persisted until she walked away and complained to Jordan. Jordan did not reprimand Ast for his behavior. While Ast and Palmer were alone in a company vehicle, he spoke of having sex all night with his girlfriend, who worked as a clerk in the same office, until Palmer asked him more than once to stop. On another occasion, he told Palmer that reading romance novels to his girlfriend enhanced their sex together. Palmer told him that she did not want to hear about it and walked away. He also stated that he liked the way Palmer dressed and that his girlfriend should dress the same way.
Jordan once commented to Palmer in 1993 or 1994 tha
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