Garcia

BACKGROUND

I. Plaintiff’s Complaint Plaintiff filed a complaint for damages alleging four causes of action: negligence– premises liability; negligence; negligent infliction of emotional distress; and intentional infliction of emotional distress against the 23 Bottles and Helwick (defendants) and Atchison, who is not a party to this appeal. Plaintiff alleged that prior to the September 5, 2011 incident at the pub, Helwick’s wife, Aura Helwick, was in the pub’s women’s restroom when a man, Liam Atkins, crawled into her stall from an adjacent stall and observed her urinating. Atkins was a Sonoma County resident with an extensive criminal history, including convictions for various sex crimes, and was a registered sex offender. He left the restroom before Ms. Helwick could confront him. She informed the pub’s security, including her husband, but declined to call the police. This incident occurred

2 several months before September 5, 2011, when Atkins did the same to plaintiff while she used the same restroom. Plaintiff further alleged that after her incident occurred, another bouncer for the pub, Atchison, assured her he would call the police, but instead gave Helwick, who was…