| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Demurrer to Complaint
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25628310 - December 23, 2025 Hearing date: December 23, 2025 Case number: CGC25628310 Case title: EDEN ROBINSON VS. SLIM'S ENTERTAINMENT GROUP, LLC DBA THE GREAT Case Number: | | CGC25628310 | Case Title: | | EDEN ROBINSON VS. SLIM'S ENTERTAINMENT GROUP, LLC DBA THE GREAT | Court Date: | | 2025-12-23 09:00 AM | Calendar Matter: | | FOR TENTATIVE RULING PURPOSES ONLY | Rulings: | | FOR TENTATIVE RULING PURPOSES ONLY (Continued from page 1 of 3) Set for Law and Motion/Discovery Calendar on Tuesday, December 23, 2025, Line 10. DEFENDANT SLIM'S ENTERTAINMENT GROUP, LLC DBA THE GREAT AMERICAN MUSIC HALL DEMURRER to COMPLAINT... ....Continued from page 1.
Here, Plaintiff fails to allege sufficient facts establishing that Defendant knew or should have known that hiring or retaining the employee created a particular risk of harm. Plaintiff's conclusory allegation that Defendant hired "inadequate" employees, without more, is insufficient to state a claim for negligent hiring, supervision, or retention. The claim requires factual allegations demonstrating a nexus between the employer's knowledge of the employee's specific unfitness and the harm suffered. Plaintiff does not allege facts showing that Defendant was aware of any prior conduct, propensity, or behavior indicating that the employee posed a foreseeable risk. Accordingly, the cause of action for negligent hiring, supervision, and retention is insufficiently pleaded. Leave to amend is granted. Plaintiff shall have 20 days to file an amended complaint.
CoA 4: Negligent Infliction of Emotional Distress
California recognizes two theories under which a plaintiff may recover for negligent infliction of emotional distress ("NIED"). As explained in Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1072, NIED is not an independent tort but a form of negligence, requiring the traditional elements of duty, breach, causation, and damages. In addition, a plaintiff must allege facts showing the existence of serious emotional distress as an element of damages. (Bogard v. Employers Casualty Co. (1985) 164 Cal.App.3d 602, 616.)
Here, Plaintiff alleges sufficient facts to state a claim for negligent infliction of emotional distress. Plaintiff pleads that Defendant owed a duty of care and breached that duty by failing to provide adequate security, failing to intervene in a timely manner, and allowing patrons to physically assault others. (Complaint 12-13.) Plaintiff further alleges that, as a result of Defendant's conduct, she suffered serious emotional distress, including anxiety, trauma, and fear. (Complaint 27-28.) (Continued to the next page, Page 2 of 3) | |
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