Halina A. Moch v. N and D Restaurants, LLC

I. BACKGROUND

Moch’s claims arise from a slip and fall incident that occurred on February 9, 2020. (Opp’n at 2.) Plaintiff alleges that Moch, an eighty-one year old woman, “violently slipped” on a walkway outside an Olive Garden in Brea, California. (Mot. at 9.) As aresult of the fall, Plaintiff alleges that she “broke her hip and banged her head

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 8:24-cv-01501-JVS-JDE Date September 16, 2024 Title Moch v. N and D Restaurants, LLC et al. on the Olive Garden’s metal bench.” (Id.) Additionally, Moch alleges that following the fall, Defendants engaged in “reckless and despicable ‘defense damage control,’” causing additional emotional distress. (Id. at 9–10.) Specifically, Plaintiff alleges that when Moch was being taken away in an ambulance, the Olive Garden Manager offered a “token meal” to settle the dispute. (Id. at 10.) Plaintiff also alleges that while in the hospital, Defendants “callously interfere[d] with Moch” in an attempt to “extract concessions as to fault.” (Id.) Plaintiff filed a complaint in the Superior Court of California, County of Orange on February 8, 2022. (Id.) …