On July 6, 2007, plaintiff Stacey Moody, a San Mateo County background investigator, was allegedly involved in a conflict with Sheriff’s Deputy Laurence Gaines, while he was on duty with the county of San Mateo at that time. She claimed that Gaines beat her up without provocation. Moody sued Gaines for assault and battery, and intentional and negligent infliction of emotional distress. Moody claimed that Gaines violently attacked her by striking her right cheek and eye socket, placing her in a headlock, lifting her off the ground and throwing her to the ground, all without any provocation. She alleged that Gaines’ actions constituted offensive and unlawful touching with violence. Moody further claimed that after the attack, that same day, she saw her supervisor and expressed that she had been beaten up by Gaines. However, she claimed that after complaining of the incident, she suffered severe emotional distress as a result of the incident with Gaines, who was standing in a position of authority and had acted with deliberation without regard to her health, safety or well-being. Gaines disputed the incident and claimed that any alleged action he made was not done with malicious intent to cause Moody any injury. He also denied causing any of the complained of by Moody., Moody claimed she suffered physical , mental distress, anguish, indignation, humiliation, embarrassment, anxiety and stress as a result of Gaines’ actions. Thus, she sought recovery of general, special and punitive damages, as well as attorney fees, costs of the suit and interest. Defense counsel contended that Gaines did not cause Moody’s alleged , and that there was no proximate cause to link the alleged with Gaines’ alleged actions.