Janice H. v. 696 North Robertson, LLC CA2/3

INTRODUCTION

Doing business as Here Lounge, Defendant 696 North Robertson, LLC owns and operates a successful West Hollywood bar and dance club. It appeals from a judgment based on the jury’s award of $5.42 million in compensatory damages to Plaintiff Janice H. for failing to use reasonable care to protect her from a sexual assault in a unisex bathroom stall. Here Lounge asserts it did not owe or breach a duty to Plaintiff and did not cause Plaintiff’s injury. Here Lounge argues that the court abused its discretion by erroneously admitting irrelevant and prejudicial evidence. Lastly, Here Lounge contends that the jury’s noneconomic damages award was excessive and punitive in nature. We affirm on all grounds.

FACTS AND PROCEDURAL BACKGROUND

On a Sunday in March 2009, Plaintiff drank with a friend at bars in Pasadena and then in West Hollywood. Towards the end of the night, the two were separated. Because they had talked about going to Here Lounge, Plaintiff went to Here Lounge to wait for her friend. At the time, Here Lounge was a very popular West Hollywood dance club and bar. On Sundays, as many as 500 people patronized the club. To attract customers, Here Lounge hired…