SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

DANIEL AVILA, Plaintiff(s), vs. SMG TAVERNS, INC. DBA IGUANA KELLEY'S, ET AL., Defendant(s).

CASE NO: 20STCV09509

[TENTATIVE] ORDER SUSTAINING DEMURRER TO COMPLAINT AND GRANTING MOTION TO STRIKE WITHOUT LEAVE TO AMEND

Dept. 31

3:30 p.m.

December 3, 2020

Background

Plaintiff, Daniel Avila (“Plaintiff”) filed this action against Defendant, SMG Taverns, Inc. dba Iguana Kelley's (“SMG Taverns”) for injuries Plaintiff sustained when Defendant’s employee allegedly assaulted and battered Plaintiff. On 6/29/20, Plaintiff filed two Amendments to Complaint naming Doe 1 as Stefan Guillen and Doe 2 as Melissa Guillen (collectively with SMG Taverns, “Defendants”). The complaint alleges causes of action for (1) intentional tort for assault and battery, (2) negligence, and (3) premises liability. The complaint includes a prayer for punitive damages.

Defendants now demur to the complaint arguing the fi