Fred Savage and Fox sued for harassment on The Grinder set -- Fox says allegations ar

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...e "unfounded"

http://www.tmz.com/2018/03/21/fred-s...r-the-grinder/

TMZ reports that a female crew member is suing for harassment, alleging that the "incident went down in 2015 while Savage was working on the FOX show. We're told the woman, who worked in wardrobe, is claiming Savage had it out for her and created a hostile work environment -- including verbally dressing her down in front of other people." Fox reacted to TMZ's report by saying it already investigated the crew member's complaint: “Fox takes all allegations of improper conduct very seriously," Fox said in a statement defending Savage. "We conducted a thorough investigation into these allegations and found no evidence of any wrongdoing on the part of Mr. Savage. We will vigorously defend against these unfounded claims." UPDATE: Fred Savage responds: "These accusations are completely without merit and absolutely untrue."

[JamesG]

Judge Tosses Gender-Based Claims Against Fred Savage in Assault Lawsuit
by Ashley Cullins
Sept. 6, 2018


A California judge has tossed several gender-based claims against Fred Savage in a lawsuit from a former costumer who alleges he created a hostile work environment on the set of Fox series "The Grinder".

Youngjoo Hwang claims Savage was verbally abusive, had a reputation for tormenting female crewmembers, and "violently" struck her arm while she was dusting dandruff off of his suit. She and her attorney Anahita Sedaghatfar announced the lawsuit during a March press conference. Both Savage and Fox immediately denied the claims.




Judge Holly Fujie largely granted, with leave to amend, demurrers from Savage and Fox, finding many of Hwang's claims rely on a showing of gender-based motive that she failed to sufficiently allege.

With regard to the first three causes of action related to civil rights violations arising from gender violence, Fujie found Hwang alleged that Savage’s conduct was driven by a desire to not be touched and a personal dislike of her, and the judge found “Nothing suggests that such dislike was due to her gender.”




“Plaintiff has alleged that Savage engaged in a number of bad acts, but none of the acts alleged appear to be related to gender," she writes in the Aug. 29 decision.

"Though Plaintiff notes Savage was ‘aggressive’ and ‘volatile’ toward women, she neither alleges that such aggression and volatility was due to their gender nor that Savage was not equally aggressive and volatile toward male crew members.”

Because Hwang failed to plead sufficient facts to show she was discriminated against or harassed based on her gender, the court found she therefore can’t assert a cause of action alleging Fox failed to prevent discrimination or harassment.




Fujie overruled Savage’s demurrer to Hwang’s claim for intentional infliction of emotional distress but sustained Fox’s, finding nothing in the network’s alleged failure to investigate Hwang's complaint about Savage rises to the level of extreme or outrageous conduct required for it to survive.

However, the court found Savage's alleged conduct could meet the bar.




The judge also overruled the demurrer to the negligent hiring, supervision and retention claim against Fox, finding it was premature to accept the network’s argument that Hwang should have pursued the issue through a worker’s compensation claim and not litigation.

Defendants also contended the alleged actions happened in 2015 and the 2018 lawsuit falls outside the two-year statute of limitations. Fujie found the claims as alleged are clearly ambiguous and she can’t currently confirm that the behavior ended before the window closed

The demurrers were also sustained with regard to claims against both Savage and Fox for civil conspiracy and unfair business practices. Hwang has 20 days to amend her complaint.

https://www.hollywoodreporter.com/th...awsuit-1140475

[JSP]

I just can’t picture Fred Savage being that kind of guy. But who knows.

[JamesG]

"The Grinder" Costumer Fighting to Keep Gender-Based Claims in Fred Savage Lawsuit
by Ashley Cullins
Dec. 7, 2018


The costumer who's suing Fred Savage over their interactions on the set of "The Grinder" is fighting to convince the court his alleged behavior toward her is because of her gender, after an L.A. judge tossed the claims in August.

Youngjoo Hwang first sued in March, claiming, among other things, that the actor struck her arm and yelled at her not to touch him while she was dusting off his suit on set. She revised her complaint after judge Holly Fujie dismissed several gender-based claims, finding Hwang failed to sufficiently prove any of the alleged behavior was motivated anything other than Savage's desire not to be touched and personal dislike of her.





In her second amended complaint Hwang claims the actor "has a well known reputation in the entertainment industry as being a 'woman hater'" and isn't known for "being a man hater in any way."

The costumer also alleges that others on the sets of CBS series "Friends With Better Lives" and a pilot called "Jacked Up" have complained about his treatment of women. These instances, Hwang claims, are evidence that his behavior toward her was motivated by "gender animus" and not merely a personal dislike.




Attorneys for Fox and Savage filed a demurrer to the complaint on Oct. 31, arguing that Hwang still hasn't adequately alleged a violent act that was motivated by her gender.

In opposition, Hwang's attorney Anahita Sedaghatfar contends even a "cursory" reading of the amended complaint shows their case is based on his "animus against females."







In a reply filed Wednesday, Savage and 20th Century Fox, which is also named as a defendant, argue Hwang is attempting to re-litigate arguments the court has already rejected.

Attorneys Molly Lens and Larry Stein argue the gender-based claims arise from the allegation that Savage struck Hwang's arm when she started to brush his shoulder, and that the only new claim offered in support is that "it is notable that Defendant Savage never assaulted or battered any males on 'The Grinder.'"



"Of course, it is equally true that Plaintiff does not allege that Mr. Savage ever assaulted or battered anyone else — male or female — on any set, much less any other location," states the reply.

"Plaintiff's allegation that Savage never hit anyone else cannot possibly transform plaintiff's previously insufficient allegations into sufficient allegations."




The defendants also argue that Hwang's other claims are either barred by the statute of limitations or are reliant on the gender-based claims and should be dismissed.

A hearing is currently set for December 12th.

https://www.hollywoodreporter.com/th...awsuit-1165790

[JamesG]

Fox Asks Court to Toss "The Grinder" Costumer's Lawsuit
by Ashley Cullins
Jan. 25, 2019


Fox wants an L.A. judge to toss claims against the network by a costumer who alleges she was struck by Fred Savage on the set of "The Grinder".

Youngjoo Hwang in March sued the actor and the network, claiming Savage had a reputation for tormenting female crewmembers and yelled at her not to touch him and "violently" struck her arm while she was dusting dandruff off of his suit on set.




Judge Holly Fujie in September threw out the gender-based claims, finding the claims as alleged suggested Savage’s conduct was driven by a desire to not be touched and a personal dislike of Hwang, but allowed Hwang to amend her complaint.

The new iteration included allegations that Savage has a reputation as a "woman hater" and allegedly yelled at a female PA who worked on "The Grinder", but never behaved in such a way with men. Fujie in December granted in part a second demurrer, but let several of the claims against each defendant stand.







Now Fox is arguing Hwang can't establish any of the elements required to further her two remaining claims against the company.

"Specifically, plaintiff must establish that (a) Mr. Savage violently hit her because she is a woman; (b) she suffered legally cognizable harm; and (c) she suffered that harm because Mr. Savage violently struck her arm," writes attorney Molly Lens in a Jan. 18 motion for summary judgment.

"Plaintiff cannot establish any of these elements."





Fox argues Hwang has no direct or circumstantial evidence that Savage hit her because she's a woman, or that she suffered a financial or physical injury. Her alleged loss of sleep and anxiety, Fox argues, isn't enough. The company is also apparently arguing that any emotional distress wasn't caused by the alleged incident.

In several heavily redacted sections, Fox argues Hwang has a history of emotional distress and suffered the same symptoms "but worse" prior to working on "The Grinder".

A hearing on the motion is currently set for April 5.

https://www.hollywoodreporter.com/th...awsuit-1179273

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Fred Savage and his accuser settle The Grinder harassment lawsuit

Youngjoo Hwang, a wardrobe crew member on the 2015-16 Fox sitcom, sued Savage last year alleging harassment and assault. “The case has been resolved and we have dismissed the lawsuit,” said Hwang’s lawyer, who didn't provide any details. “We are very pleased with the resolution.”

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Before his Wonder Years firing, Fred Savage previously settled a The Grinder lawsuit in which his accuser alleged he "violently struck" her on set

Savage's firing from The Wonder Years reboot last week after multiple complaints of inappropriate behavior marked the third time and third different show that the former child star was accused of misconduct. In 1993, costume designer Monique Long sued Savage and his Wonder Years co-star Jason Hervey and the show's producers for sexual harassment, alleging they verbally and physically harassed her daily on set. The lawsuit was settled out of court. In 2018, Youngjoo Hwang sued Savage for harassment, assault, battery and discrimination on the 2015-2016 Fox comedy The Grinder. Savage settled the lawsuit out of court. Asked by Page Six about the new allegations, Hwang's attorney Anahita Seda said Monday: “This was a long time coming and I am not the least bit surprise. When my client came to me in 2018 with her allegations against Mr. Savage, we discovered that there was at least one lawsuit that had been filed against him in the past and that Mr. Savage had allegedly engaged in this type of behavior not just towards my client but other women as well. It is unfortunate that it took my client speaking out and now reportedly these others before action was finally taken.” Hwang alleged in her lawsuit that Savage “violently struck” her in the arm three times and yelled "Do not touch me with your hands!" after she brushed dandruff off of his suit and that the actor had a “volatile and aggressive temper as it related to the female crew.” Hwang also alleged there were numerous complaints against Savage over the years. “Defendant Savage was known to intimidate, bully and torment female crew members while they were doing their job duties by yelling things like ‘I’m not a dog, quit f***ing following me!’ ‘Don’t ever even f***ing look at me anymore’, and ‘Get the f*** away from me,'" according to the original lawsuit. Savage has yet to respond to the new allegations.