MARCO GONZALEZ, Plaintiff, v. CITY OF SANTA MONICA, et al., Defendants.

Case No.: BC646733

[TENTATIVE] ORDER SUSTAINING DEMURRER WITH LEAVE TO AMEND IN PART AND OVERRULING DEMURRER IN PART

I. Background

Defendant City of Santa Monica demurs to the complaint.

On January 13, 2017, Plaintiff Marco Gonzalez (“Plaintiff”) filed a complaint against Defendant City of Santa Monica (“Defendant”) and Does 1-50 for: (1) negligence; (2) negligent infliction of emotional distress (“NIED”); and (3) dangerous conditions.

Plaintiff alleges the following: Judith Meister was an employee of Defendant and in the course of her employment leaked Plaintiff’s private email information to members of the Ringflyer Gang. (Complaint ¶ 2.) Following the leak, Plaintiff was threatened by members of the Ringflyer Gang on various occasions at Muscle beach, property controlled and managed by Defendant, as well as on social media. (Id. ¶¶ 7, 9, 29.) Muscle Beach has various exercise equipment, such as flying