Carmichael

FACTS AND PROCEDURAL HISTORY

This case involves multiple lawsuits that were filed against defendants Café Sevilla of Riverside, Inc. (Café Sevilla), Café Sevilla Incorporated, Eric Van Den Haute, and Anne Van den Haute (collectively, defendants). The lawsuits were consolidated in July 2021, but it appears the different complaints remained separate. The specific complaint involved in this appeal was filed by Raylon Carmichael, Latasha Love-Moore, Antwon Davis, Markeith White, Keisha Walker, Tyrecce Redic, and Constantina Hall (the plaintiffs). Plaintiffs’ complaint arises from a shooting that occurred on October 29, 2018, at a nightclub in Riverside (the nightclub) that was owned

2 by Café Sevilla and operated by defendants. Plaintiffs alleged a rap concert was held at the nightclub on October 29 (the concert), which featured performers from rival gangs. During their performances, some of the rappers performed songs and made “‘gang signs’” that antagonized rival gang members in attendance. These acts allegedly increased tensions between the rival gangs, which escalated to violence when gang members began firing guns inside and outside the nightclub. Plaintiffs were attendees of…