Surita

I. BACKGROUND

In March 2022, Surita filed her original complaint against Target alleging causes of action for general negligence and intentional tort. The complaint alleged Surita was “assaulted, battered, wrongfully detained, arrested, and imprisoned in an unlawful, unjustified, reckless, and negligent manner while an invited guest shopping in the Defendants’ retail establishment after Defendants wrongfully accused Plaintiff of shoplifting and notified law enforcement.” Target demurred to the complaint. While Target’s motion was pending, Surita filed a first amended complaint without leave of court alleging the same causes of action. The amended complaint added factual allegations. It alleged Surita was a customer at a Target store when Target falsely accused her of stealing products and contacted law enforcement to inform them of this accusation and direct them to arrest her: “As a result of Defendants’ false statements, law enforcement threatened Plaintiff in a manner causing Plaintiff to sustain fear (assault), touched Plaintiff in an unwanted manner causing pain by twisting Plaintiff’s arms and shoulders, spreading Plaintiff’s legs, and touching Plaintiff throughout her body…