Cearlock

I. FACTS AND PROCEDURAL HISTORY

Police were called to the Heaven Mini Theater (Theater), an adult entertainment business in San Francisco, to investigate an altercation between some patrons and the Theater‘s doorman. One officer went inside and spoke to the manager, Michael Canavan, who claimed to be the only male present. The officer then saw a second man, later identified as Richard Lund, close the door to a room. Lund jumped out the second storey

1 window of that room and landed on plaintiff, who was standing on the sidewalk below. Lund ran from the scene and was arrested a few blocks away. Plaintiff filed this personal injury action against Lund, also naming as defendants 1054 Kearny LLC, the limited liability company that operated the Theater, and Lambertson, a member of the LLC (collectively, ―defendants‖). The first amended complaint alleged Lund was an employee of the Theater, and sought relief against defendants on theories of negligent hiring, negligent supervision and respondeat superior. Lund did not appear in the action. The case was called for jury trial. Plaintiff‘s counsel filed a trial brief indicating relief would be sought on two theories: (1) Defendants were…