J. Kim, et al. v. Y. Park, et al.

Chris Faenza and Sung Ho (Sean) Kim obtained a dismissal of defendant Y. Park, by reason of the Court’s sustaining of Ms. Park’s demurrer. In this lawsuit, several plaintiffs sued Ms. Park and her restaurant, and other defendants, for failure to pay overtime and wages and for personal injuries. Ms. Park, in her individual capacity, was sued for personal injuries, on plaintiffs’ causes of action for premises liability and product liability. Plaintiffs claimed that they suffered personal injuries from smoke they inhaled while working at the Korean barbecue restaurant.

In response, defendant Ms. Park filed two rounds of demurrers to plaintiffs’ complaint(s). In the demurrers, Ms. Park argued that plaintiffs’ injuries arose solely from the workplace, such that the workers compensation exclusive remedy rule barred plaintiffs’ civil action. Ms. Park established that plaintiffs were former waitresses and employees of the restaurant, that plaintiffs’ injuries arose while they worked inside the restaurant, and that the restaurant was responsible for maintaining workplace safety.

The Court found in favor of Ms. Park and sustained her demurrer. By sustaining her demurrer, Ms. Park was dismissed from the lawsuit.