Johnson v. Vallco Shopping Mall CA6

Filed 5/7/14 Johnson v. Vallco Shopping Mall CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

KENNETH JOHNSON, H038513 (Santa Clara County Plaintiff and Appellant, Super. Ct. No. 1-11-CV194784)

v.

VALLCO SHOPPING MALL, LLC, et al.,

Defendant and Respondent.

Plaintiff Kenneth Johnson appeals from a judgment entered after the court granted summary judgment to Vallco Fashion Mall (Vallco) and its security company, defendant IPC International Corporation (IPC). Plaintiff contends that he should be allowed to try his action for intentional and negligent infliction of emotional distress against IPC, even though he was not present when his son was injured by IPC security officers during an altercation at the mall. We will affirm the judgment. Background In the evening of February 18, 2010, plaintiff's son, Desmond, went to Vallco with Kevin R. and his brother, Ronald R. All were minors at that time.1 The R. brothers had been banned from the mall, so when they were spotted by IPC officer Shawn Johnson,

1 Desmond is no longer a minor, having turned 18 in July 2012.

they were told to leave. As Officer Johnson escorted the three youths out of the mall, Ronald threatened Johnson and his family, and he lifted his right arm as if to throw a punch. The officer raised his arm to defend himself, and unintentionally hit Ronald with his walkie-talkie. A melee erupted, during which Johnson was repeatedly hit and kicked and briefly lost consciousness. At some point Desmond joined the attack on Johnson. He also attacked Paul Le, a former Vallco security guard who had followed the group as they were being escorted outside. Two other IPC security guards, Stas Plotnikov and Jason Robinson, responded to Johnson's radio calls for assistance. Plotnikov, who had seen Desmond hitting Le several times, grabbed Desmond and put him in a sleeper hold until Desmond passed out. When Johnson regained consciousness and got up, he restrained Desmond and told Plotnikov to tend to a head wound he had received in the attack. The minors involved in the attack were arrested and taken to juvenile hall. There a nurse noted a "minor eye injury" to Desmond's right eye. Desmond was eventually found to have committed a felony during the incident. Plaintiff initiated this action in propria persona on February 18, 2011, naming both Vallco and IPC as defendants.2 IPC filed a demurrer,3 the outcome of which is not in the appellate record. Subsequently, however, plaintiff filed an amended complaint against