JANE DOE VS. WARWICK AMUSEMENTS CORPORATION, A DELAWARE ET AL

Set for Law and Motion/Discovery Calendar on Monday, July 27, 2026, Line 9.

1 - Defendants Warwick Amusements Corporation and Warwick California Corporation's demurrer to all three causes of action in the first amended complaint filed by plaintiff Jane Doe is overruled as to the first and third causes of action for negligence and premises liability and sustained without leave to amend as to the second cause of action for negligent hiring, retention, supervision and training.

Defendants' sole argument for their demurrer to the first and third causes of action is that plaintiff has insufficiently alleged that defendants owed her a legal duty to safeguard her against the alleged criminal conduct committed against her in her hotel room on March 23, 2024. This argument lacks merit. Paragraphs 1-19 sufficiently allege the existence of a legal duty by defendants "to exercise reasonable care under the circumstances" to protect the plaintiff based on a special relationship that defendants had with the plaintiff. (Howard v. Omni Hotels Management Corp. (2012) 203 Cal. App. 4th 403, 431-432). Consideration of the Rowland foreseeability and policy factors do not limit or eliminate that duty.

Defendants correctly argue that plaintiff's failure to identify at least one employee who was allegedly negligently hired, retained, supervised or trained requires sustaining their demurrer to the second cause of action. (CACI 426). Because plaintiff does not provide any basis to believe that there is a reasonable possibility that she will be able to remediate this pleading defect, especially given the imminence of trial, the demurrer to the second cause of action is without leave to amend.

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