Defendant The Macerich Company, Macerich Oaks GP Corp. and Universal Protection Service LP’s demurrers to the Complaint are OVERRULED as to the first cause of action, and SUSTAINED with leave as to the remainder.

On November 25, 2019, Plaintiffs Neeka Tillman (“Neeka”) and William Tillman (“William”) (collectively “Plaintiffs”) commenced this action against Defendants L. Brands Inc. (“LBI”), Victoria’s Secret Stores LLC (“VS”), The Macerich Company, Macerich Oaks GP Corp. (collectively, “Macerich”), and Universal Protection Service LP (“Universal”). The Complaint alleges six causes of action for: 1) violation of Civ. Code section 51 et seq.; 2) negligence; 3) intentional infliction of emotional distress; 4) loss of consortium; 5) violation of BUs. & Prof. Code section 17200; and 6) violation of Consumer Legal Remedies Act.

On November 26, 2017, Plaintiffs, who are both African-Americans, visited the Oaks Mall. The Mall is owned and operated by Macerich. VS operated a store at the mal