Opinion
NOT TO BE PUBLISHED
ORIGINAL PROCEEDINGS; petition for writ of mandate. Super. Ct. No. INC073552, Harold W. Hopp, Judge.
Donald R. Holben & Associates, Andrew A. Rosenberry, Leah M. Peer, and Donald R. Holben for Petitioner.
No appearance for Respondent.
Liebert Cassidy Whitmore, Melanie M. Poturica, Judith S. Islas, and Jennifer R. Hong for Real Parties in Interest.
OPINION
HOLLENHORST Acting P. J.
In this matter, we have reviewed the petition and the oppositions filed by real parties in interest. We have determined that resolution of the matter involves the application of settled principles of law and that issuance of a peremptory writ in the first instance is therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 178.)
We agree with petitioner that his sexual orientation is irrelevant to the issue of liability and a hostile work environment (see Rene v. MGM Grand Hotel, Inc. (9th Cir. 2002) 305 F.3d 1061) and we are not persuaded by real parties in interests’ arguments to the contrary. The allegations of the complaint describe a workplace which would indisputably be considered hostile and offensive by anyone, regardless of sexual orientation.
Petitioner also indisputably has a substantial privacy interest with respect to his sexual orientation and should not be required to disclose it in order to pursue his litigation. Whether his failure to do so might affect the jury’s calculation of his damages and might require a tailored instruction is a question we do not address.
DISPOSITION
The petition is granted and the previously ordered stay is dissolved. Petitioner to recover his costs.
Petitioner is directed to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.
We concur: GAUT J., KING J.