The Demurrer by Alberton’s LLC to the second cause of action for negligent infliction of emotional distress is SUSTAINED without leave to amend. Albertson’s LLC is ordered to file an answer within ten days of this order.

Background

On February 23, 2018, plaintiff Janet Felix (“Plaintiff”) filed a complaint against defendants Albertsons Companies LLC, Tier 1 Solutions (“Tier 1”) and Does 1 to 30 alleging causes of action for (1) negligence, (2) negligent infliction of emotional distress and (3) negligent hiring, training and supervision. On April 18, 2018, Plaintiff filed an amendment to the complaint by naming Albertson’s LLC (“Albertson’s”) as Doe 1.

The complaint alleges that on February 26, 2016, while on premises owned and controlled by Albertsons Companies LLC, Plaintiff was injured when a thief who had escaped from a security guard knocked Plaintiff to the ground thereby causing her head to strike the floor thereby rendering her unconscious. (Complaint ¶¶ 6-10.)

On May 15, 20