| 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: | | DEMURRER to COMPLAINT | Rulings: | | 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
Facts and Procedural History
On March 15, 2025, Plaintiff attended a concert at The Great American Music Hall in San Francisco, California, with her girlfriend, Jackie Wongsing.
Plaintiff and Ms. Wongsing were standing in the second row of the general admission area when, at approximately 9:20 p.m., two unknown women forcefully pushed past them and refused to move despite polite objections. One of the women then began verbally taunting Plaintiff and her girlfriend, aggressively backed into Ms. Wongsing causing her to stumble, and ultimately struck Plaintiff between four and six times in the back of the head and neck, in an unprovoked and violent attack.
Plaintiff suffered immediate pain, shock, and emotional distress. Over the next several days, she experienced neck stiffness, headaches, and later, troubling neurological symptoms including numbness in her left foot and ankle. She was forced to seek medical treatment and therapy as a result.
After the show, a security supervisor admitted to Plaintiff that the employee assigned to that area "didn't respond as they should have." However, Defendant denied Plaintiff's reasonable request for a refund and refused to take responsibility for the failure to ensure a safe and secure environment.
Plaintiff filed a claim against Defendant alleging four causes of action: (1) General Negligence, (2) Negligent Hiring, Supervision and Retention, (3) Premises Liability, and (4) Negligent Infliction of Emotional Distress.
REC: Defendant Slim's Entertainment Group, Llc Dba The Great American Music Hall's Demurrer is SUSTAINED as to Coa 2 and OVERRULED as to CoA 4.
Defendant's demurrer is based on Code of Civil Procedure section 430.10(e). The issue under section 430.10(e) is, taking the facts properly pleaded and properly noticed as true, does the challenged cause of action necessarily fail to state a cause for relief. (See CCP section 430.10(e); Blank v. Kirwan (1985) 39 Cal.3d 311, 318
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In assessing whether the complaint states a cause of action, the court accepts all properly pleaded material facts, but not contentions, deductions, or conclusions of fact or law. (Minton v. Dignity Health (2019) 39 Cal.App.5th 1155, 1161.)
"[I]f, on consideration of all facts stated, it appears that plaintiff is entitled to any relief against defendant, the complaint will be held good, though facts may not be clearly stated, or may be intermingled with a statement of other facts irrelevant to cause of action shown, or though plaintiff may demand relief to which he is not entitled under facts alleged." (Augustine v. Trucco (1954) 124 Cal.App.2d 229, 236, quoting Matteson v. Wagoner (1905) 147 Cal. 739, 742.)
CoA 2: Negligent Hiring
A cause of action for negligent hiring, supervision, or retention requires a plaintiff to plead facts showing: (1) the employer hired the employee; (2) the employee was or became unfit or incompetent to perform the work for which he or she was hired; (3) the employer knew or should have known of the employee's unfitness or incompetence and that such unfitness created a particular risk of harm to others; (4) the employee's unfitness or incompetence caused harm to the plaintiff; and (5) the employer's negligence was a substantial factor in causing that harm. (Federico v. Superior Court (1997) 59 Cal.App.4th 1207, 1213-1214.)
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