Facts

Jane Doe sued Michael Hoffman, in connection with an incident that occurred on March 1, 2011.

PLAINTIFF'S CONTENTIONS:
Doe claimed that she learned of Hoffman from an online post, and started to communicate with him through text messages, telephone calls, and emails. After a while, she decided to meet him in person. Doe claimed that she went to see Hoffman on March 1, 2011, intending to have sexual intercourse with him. Doe admitted that, for a while, she and Hoffman engaged in consensual sex act, but then told him to stop. At which point, Doe claimed that Hoffman did not stop, and held her against her will. She claimed that Hoffman grabbed her breasts hard, and choked her. Doe asked to leave, but he would not let her, and even forced her to perform oral sex on him. She claimed that she suffered injuries as a result of Hoffman's rough handling, which left her unable to turn her head for about a week. Doe claimed that she sought help from a social worker, and later sued Hoffman alleging assault, battery, intentional infliction of emotional distress, sexual battery, gender violence, violation of Civil Code Section 51.7, false imprisonment, sexual assault and battery, and negligent infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
Hoffman claimed that they exchanged sexually explicit texts, videos, and emails. He claimed that Doe agreed that their encounter would entail acts as those depicted in the videos, which included "rough" sex. As such, Hoffman contended that Doe consented to the actions that occurred between them.

Injuries

Doe suffered emotional, mental, and physical distress from the incident. Doe also claimed that the incident caused her to drink more alcohol.

Result

Before the bench trial, the defense's motion to bifurcate punitive damages was granted. At the trial on liability and compensatory damages, the court found in favor of Jane Doe on all causes of action, except for her sexual assault and battery claim, which she withdrew because it was redundant of her sexual battery claim. The court awarded Doe $25,000 in compensatory damages for pain and suffering. The parties settled the case for $130,000 before the punitive damages phase of the trial.