(a)A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements:
(1)There is a business, service, or professional relationship between the plaintiff and defendant or the defendant holds himself or herself out as being able to help the plaintiff establish a business, service, or
professional relationship with the defendant or a third party. Such a relationship may exist between a plaintiff and a person, including, but not limited to, any of the following persons:
(A)Physician, psychotherapist, or dentist. For purposes of this section, “psychotherapist” has the same meaning as set forth in paragraph (1) of subdivision (c) of Section 728 of the Business and Professions Code.
(B)Attorney, holder of a master’s degree in social work, real estate agent, real estate appraiser, investor, accountant, banker, trust officer, financial planner loan officer, collection service, building contractor, or escrow loan officer.
(C)Executor, trustee, or administrator.
(D)Landlord or property manager.
(E)Teacher.
(F)Elected official.
(G)Lobbyist.
(H)Director or producer.
(I)A relationship that is substantially similar to any of the above.
(2)The defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe.
(3)The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress
or the violation of a statutory or constitutional right, as a result of the conduct described in paragraph (2).
(b)In an action pursuant to this section, damages shall be awarded as provided by subdivision (b) of Section 52.
(c)Nothing in this section shall be construed to limit application of any other remedies or rights provided under the law.
(d)The definition of sexual harassment and the standards for determining liability set forth in this section shall be limited to determining liability only with regard to a cause of action brought under this section.
Notes of Decisions
Cited in
56
cases (
30 in the last 5 years), 1995–2025 · leading case:
Hughes v. Pair, 209 P.3d 963 (Cal. 2009).
Hughes v. Pair, 209 P.3d 963 (Cal. 2009).
· cites it 8× “In California, there is a specific statute, Civil Code section 51.9, that covers that topic.”
Ashley Judd v. Harvey Weinstein, 967 F.3d 952 (9th Cir. 2020).
· cites it 8× “WEINSTEIN SUMMARY ** California Law / Sexual Harassment The panel reversed the district court’s dismissal of a sexual harassment claim under California Civil Code section 51.9 brought by actor Ashley Judd against producer Harvey Weinstein.”
Natia Sampson v. Cnty. of Los Angeles, 974 F.3d 1012 (9th Cir. 2020).
· cites it 2× “See Cal. Civ. Code § 51.9 . But, in general, “a violation of state law does not lead to liability under § 1983.”
Garcia Ex Rel. Marin v. Clovis Unified Sch. Dist., 627 F. Supp. 2d 1187 (E.D. Cal. 2009).
· cites it 8× “*1192 ORDER ON DEFENDANTS’ MOTION TO DISMISS AND ORDER REMANDING CALIFORNIA CIVIL CODE § 51.9 CLAIM TO THE FRESNO COUNTY SUPERIOR COURT ANTHONY W.”
Daza v. Los Angeles Cmty. Coll. Dist., 247 Cal. App. 4th 260 (Cal. Ct. App. 2016).
· cites it 2× “5); battery; assault; sexual harrassment (Civ. Code § 51.9); gender violence (Civ. Code, § 52.”
Salisbury v. Hickman, 974 F. Supp. 2d 1282 (E.D. Cal. 2013).
· cites it 3× “Crimi’s harassing conduct was sufficiently severe or pervasive as to create a hostile housing environment in violation of the FHA. 6 Accordingly, Defendants are not entitled to summary judgment on this claim.”
Brown v. Smith, 97 Cal. Daily Op. Serv. 4379 (Cal. Ct. App. 1997).
· cites it 2× “91 (1995 New) HD Sexual Harassment [^ (Civil Code, §51.9) *786 “The plaintiff_ [also] seeks to recover damages based upon a claim of sexual harassment arising out of a business, service or professional relationship.”
Ramirez v. Wong, 188 Cal. App. 4th 1480 (Cal. Ct. App. 2010).
· cites it 2× “Civil Code section 51.9 Civil Code section 51.”
RN Solution, Inc. v. Catholic Healthcare West, 165 Cal. App. 4th 1511 (Cal. Ct. App. 2008).
“4 Civil Code section 51.9 authorizes an award of damages for coercive sexual or gender-based conduct occurring in the context of a business relationship that the victim is unable to easily terminate.”
Rohm v. Homer, 367 F. Supp. 2d 1278 (N.D. Cal. 2005).
· cites it 4× “Rohm’s Sixth Cause of Action for Violation of the Unruh Civil Rights Act Rohm alleges that Esparza’s alleged sexual harassment violated the Unruh Civil Rights Act, California Civil Code §§ 51.9 and 52(b) (“the Act”).”
— Cal. Civil Code § 51.9(a) — 1 case
— Cal. Civil Code § 51.9(a)(1) — 2 cases
Rohm v. Homer, 367 F. Supp. 2d 1278 (N.D. Cal. 2005).
“Rohm’s Sixth Cause of Action for Violation of the Unruh Civil Rights Act Rohm alleges that Esparza’s alleged sexual harassment violated the Unruh Civil Rights Act, California Civil Code §§ 51.9 and 52(b) (“the Act”).”
— Cal. Civil Code § 51.9(a)(1)(E) — 1 case
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