Complaint,Petition: BELL vs RAISING CANE'S RESTAURANTS, LLC

On March 01, 2020 a Complaint,Petition was filed involving a dispute between Darius Bell, and Doe 1, Raising Cane'S Restaurants, Llc, for Unlimited Civil - Civil Rights in the District Court of Riverside County.

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Arthur Kim, Esq. (SBN 212700)
1 ARTHUR KIM LAW FIRM
9440 Santa Monica Blvd, Ste 301
2 Beverly Hills, CA 90210
Tel: (310) 246-0316
3 Fax: (310) 246-0328
akim@arthurkimlaw.com
4
Attorney for Plaintiff DARIUS BELL
5

7
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
8
IN AND FOR COUNTY OF RIVERSIDE
9

10
DARIUS BELL, an individual, ) Case No.
11 )
Plaintiff, ) COMPLAINT FOR DAMAGES
12 )
v. ) 1. Violation of Unruh Civil Rights
13
) Act (Civ. Code §§ 51 and 52)
RAISING CANE’S RESTAURANTS, LLC, ) 2. Intentional Infliction of Emotional
and ) Distress
14 DOES 1-100, inclusive, ) 3. Negligent Infliction of Emotional
) Distress
15 Defendants. )
) DEMAND FOR JURY TRIAL
16 )
)
17 ____________________________________ )

19
Plaintiff DARIUS BELL (“Plaintiff” or “Bell”) for his complaint against Defendants
20
RAISING CANE’S RESTAURANTS, LLC, and DOES 1-100, inclusive (“Defendants”), allege
21
upon information and belief, except as to the allegations that pertain to Plaintiff and his counsel,
22

23 as follows:

24 PARTIES

25 1. Plaintiff is an adult male resident of the State of California and the County of

COMPLAINT FOR DAMAGES - 1
Riverside.
1
2. Defendant RAISING CANE’S RESTAURANTS, LLC (“Defendant” or “Raising
2

3 Cane’s”) is a fast food restaurant chain doing business in the State of California and the County

4 of Riverside.

5 3. Plaintiff does not know the true names or capacities of Defendants DOES 1-100.

6 4. Plaintiff therefore sues Defendants DOES 1-100 by such fictitious names and will
7 seek leave to amend the complaint to add their true names and capacities when the same have
8
been ascertained.
9
5. At all times relevant to this complaint, Defendants and each of them, participated
10
in, authorized, ratified, aided and abetted the doing of the acts alleged herein.
11
VENUE
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6. The amount in controversy exceeds the minimum jurisdictional threshold of this
13
Court.
14
7. Venue is proper in this Court because Defendants operated in Riverside County,
15

16 California and because the acts and events set forth in this complaint occurred in whole or in part

17 in Riverside County, California.

18 FACTS COMMON TO ALL CAUSES OF ACTIONS

19 8. Bell is African-American. On Tuesday February 22, 2022, at around 12:55 am,
20
Bell arrived at Raising Cane’s restaurant located at 840 N. Main Street, Corona, California. Bell
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proceeded to the drive-through. Bell was served by a female cashier. Bell ordered food and
22
drink including extra, extra crispy chicken and extra, extra crispy fries. The employee took
23
Bell’s payment and asked if Bell could drive to the front of the restaurant and wait for the food to
24
be brought to him. Bell declined and stated that he would just wait in the drive-through to ensure
25

COMPLAINT FOR DAMAGES - 2
that the food was prepared the way he liked it. As he waited, Bell heard the cashier talking to a
1
cook. The cook asked, “How did he want the chicken?” The cashier responded, “He wants it
2

3 extra, extra crispy.” The cook asked, “Oh what color is he?” The cashier responded, “He’s

4 black.” The cook responded, “Of course he is.” The cook and cashier laughed as they spoke.

5 The cook and cashier spoke openly in the presence of other employees and Bell. Bell was

6 shocked, blindsided, and deeply embarrassed. The cashier then handed Bell his food through the
7 window. Bell informed her that he had heard their entire conversation. Bell told her that they
8
were racist. Bell then parked his vehicle and attempted to walk into the restaurant. But one of
9
the employees locked the door. From outside the restaurant, Bell asked to speak with a manager.
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But the employees took off their name tags and ignored Bell. Bell got back in his vehicle and
11
drove through the drive-through and continued to ask for a manager. The employees in the
12
restaurant continued to ignore Bell. The racists comments and the subsequent behavior of the
13
employees made the restaurant an extremely hostile and unwelcoming environment for Bell.
14
Bell has suffered and continues to suffer acute mental and emotional distress. Bell feels shame,
15

16 fear, anxiety, shock, depression, and isolation. Bell has been unable to sleep and eat as normal,

17 and has lost weight. Bell can no longer return to the restaurant for food and service because of

18 the racial attack that he experienced there.

19 FIRST CAUSE OF ACTION
Violation of Unruh Civil Rights Act
20
(Civ. Code §§ 51 and 52)
(On behalf of Plaintiff)
21
[Against All Defendants]
22
9. Plaintiff repeats and realleges the preceding and subsequent paragraphs as though
23
fully set forth herein.
24
10. Defendants denied Plaintiff full and equal accommodations, advantages, facilities,
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COMPLAINT FOR DAMAGES - 3
privileges, or services in Defendants’ business establishment on account of Plaintiff’s race and
1
color in violation of the Unruh Civil Rights Act.
2

3 11. Defendants’ conduct was extreme and outrageous and has caused Plaintiff injury,

4 damage, loss and harm, including but not limited to humiliation, embarrassment, and severe

5 mental and emotional distress, all of which amount to Plaintiff’s damage which totals in excess

6 of the minimum jurisdiction of this court, the precise amount to be proven at trial.
7 12. Defendants committed the acts herein alleged maliciously, fraudulently, and/or
8
oppressively with the wrongful intention of injuring Plaintiff, and acted with an improper and
9
evil motive amounting to malice, in conscious disregard for Plaintiff’s rights.
10
13. Plaintiff has incurred and will continue to incur attorneys’ fees and costs in the
11
prosecution of this action. Plaintiff is entitled to and seeks attorneys’ fees pursuant to Civil Code
12
§ 52(a), Code of Civil Procedure § 1021.5, and all other applicable law.
13
14. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
14
SECOND CAUSE OF ACTION
15
Intentional Infliction of Emotional Distress
16 (On behalf of Plaintiff)
[Against All Defendants]
17
15. Plaintiff repeats and realleges the preceding and subsequent paragraphs as though
18
fully set forth herein.
19
16. Defendants engaged in outrageous and unprivileged conduct as alleged above and
20
incorporated herein by reference.
21

22 17. Defendants’ conduct was extreme and outrageous and has caused Plaintiff injury,

23 damage, loss and harm, including but not limited to humiliation, embarrassment, and severe

24 mental and emotional distress, all of which amount to Plaintiff’s damage which totals in excess

25 of the minimum jurisdiction of this court, the precise amount to be proven at trial.

COMPLAINT FOR DAMAGES - 4
18. Defendants committed the acts herein alleged maliciously, fraudulently, and/or
1
oppressively with the wrongful intention of injuring Plaintiff, and acted with an improper and
2

3 evil motive amounting to malice, in conscious disregard for Plaintiff’s rights.

4 19. Plaintiff has incurred and will continue to incur attorneys’ fees and costs in the

5 prosecution of this action. Plaintiff is entitled to and seeks attorneys’ fees pursuant to Code of

6 Civil Procedure § 1021.5, and all other applicable law.
7 20. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
8
THIRD CAUSE OF ACTION
9
Negligent Infliction of Emotional Distress
(On behalf of Plaintiff)
10 [Against All Defendants]

11 21. Plaintiff repeats and re-alleges the preceding and subsequent paragraphs as though

12 fully set forth herein.

13 22. Defendants owed a duty of care to protect Plaintiff from discrimination based on
14
his race or color. Defendants breached their duty to Plaintiff.
15
23. Defendants’ conduct was extreme and outrageous and has caused Plaintiff injury,
16
damage, loss and harm, including but not limited to humiliation, embarrassment, and severe
17
mental and emotional distress, all of which amount to Plaintiff’s damage which totals in excess
18
of the minimum jurisdiction of this court, the precise amount to be proven at trial.
19
24. Defendants committed the acts herein alleged maliciously, fraudulently, and/or
20
oppressively with the wrongful intention of injuring Plaintiff, and acted with an improper and
21

22 evil motive amounting to malice, in conscious disregard for Plaintiff’s rights.

23 25. Plaintiff has incurred and will continue to incur attorneys’ fees and costs in the

24 prosecution of this action. Plaintiff is entitled to and seeks attorneys’ fees pursuant to Code of

25 Civil Procedure § 1021.5, and all other applicable law.

COMPLAINT FOR DAMAGES - 5
26. WHEREFORE, Plaintiff prays for judgment as hereinafter set forth.
1
PRAYERS FOR RELIEF
2

3 WHEREFORE, Plaintiff prays for judgment against Defendants and each of them, as

4 follows:

5 (a) That process be issued and served as provided by law, requiring Defendants to

6 appear and answer or face judgment;
7 (b) For general, special, actual, compensatory and/or nominal damages, as against
8
Defendants, and each of them, in an amount to be determined at trial;
9
(c) For punitive damages in an amount to be determined at trial sufficient to punish,
10
penalize and/or deter Defendants from further engaging in the conduct described herein;
11
(d) For costs and expenses of this litigation;
12
(e) For reasonable attorneys’ fees pursuant to Civil Code § 52(a), Code of Civil
13
Procedure § 1021.5, and all other law;
14
(f) For a penalty of up to three times Plaintiff’s actual damages, but not less than
15

16 $4,000, pursuant to Civil Code § 52(a);

17 (g) For pre and post-judgment interest on all damages and other relief awarded herein

18 from all entities against whom such relief may be properly awarded; and,

19 (h) For all such other relief as this Court deems just and appropriate.
20

21
Dated: 3/3/22 ARTHUR KIM LAW FIRM
22

23
By: ___________________________
24 Arthur Kim, Esq.
Attorney for Plaintiff DARIUS BELL
25

COMPLAINT FOR DAMAGES - 6
JURY TRIAL DEMANDED
1
Plaintiff hereby demands a jury trial.
2

3 Dated: 3/3/22 ARTHUR KIM LAW FIRM
4

5
By: ___________________________
Arthur Kim, Esq.
6 Attorney for Plaintiff DARIUS BELL
7

COMPLAINT FOR DAMAGES - 7

Case Info

Judge

Carol A. Greene Track Judge’s New Case

Case No.

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Document Filed Date

March 03, 2022

Case Filing Date

March 01, 2020

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Complaint,Petition: BELL vs RAISING CANE'S RESTAURANTS, LLC

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