Sexual Harassment Case Reinstated Against Holden

City Councilman Nate Holden, who in 1995 won the dismissal of a sexual harassment lawsuit filed against him by a former aide, must undergo a trial on her allegations, a state appellate court ruled Friday.

The unanimous ruling by a panel of judges from the 2nd Appellate District Court overturns a decision by Superior Court Judge Byron K. McMillan, who had dismissed the complaint by former Holden aide Carla Cavalier. She alleged that the councilman created a hostile work environment by making lewd comments and inappropriately touching her. But McMillan ruled that her charges lacked sufficient merit to be tried.

In its ruling Friday, the appellate court disagreed.

“There is ample evidence of pervasive sexual conduct, and more than enough evidence to create a triable issue of material fact on a hostile work environment theory,” the court ruled. Judge Miriam A. Vogel wrote the 10-page opinion, which was joined by Judges P.J. Ortega and J. Masterson.

Holden could appeal Friday’s ruling to the California Supreme Court, but the councilman said in an interview that he was inclined to let the case go to trial.

“It seems that she will get her day in court,” Holden said. “There’s nothing wrong with that.”

Cavalier’s complaint was one of three filed against the councilman alleging sexual harassment. One was dropped, and a judge ruled in Holden’s favor after the other was tried.

The cases have long been a costly source of embarrassment at City Hall because taxpayers are obliged to pay Holden’s legal fees. The cost of defending the councilman already has topped $1.3 million.

In their ruling, the appellate judges cited several alleged instances of harassment that a jury could consider. Among other things, Cavalier accuses Holden of touching the back of her neck and playing with her hair, of running his hand along her buttocks in the reception area of his office, and of trying to kiss her at a 1991 Christmas party.

Holden denied those allegations and said he was confident a jury would agree with him.

“I don’t have anything to fear or to hide,” he said. “She can take her best shot.”