SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

KEITH CARTER, et al., Plaintiff, vs. VARDAN TOKMAJYAN., et al., Defendants,

CASE NO.: 19STCV23944

[TENTATIVE] ORDER RE: DEFENDANT ARMEN BENYAMINYAN’S DEMURRER TO FIRST AMENDED COMPLAINT

Dept. 27

1:30 p.m.

June 23, 2021

I. INTRODUCTION

On August 18, 2020, Plaintiffs Keith Carter and Kathleen Carter (“Plaintiffs”) filed their First Amended Complaint (“FAC”) against Vardan Tokmajyan (“Tokmajyan”), USA Tobacco & Vape Shop, Inc. (“USA Tobacco”), and TRIPLEJS Jade Vermont (“TRIPLEJS”) for: (1) general negligence, (2) premises liability, and (3) intentional tort.

Plaintiffs allege their grandson Jai Malik Carter (“Decedent”) was killed by USA Tobacco’s employee, Tokmajyan on May 10, 2018. Tokmajyan allegedly locked Decedent in USA Tobacco’s shop and fatally stabbed Decedent. Defendant is USA Tobacco’s landlord and owns the shopping plaza where USA Tobacco had its shop.

On December 9, 2020, th