Case Background
Brenda Young filed a lawsuit against Welco Supermarket, a California corporation, in the Superior Court of California, County of Sacramento, on September 29, 2020. Young named Welco Supermarket as the Defendant, along with Does 1 through 20, whose identities remained unknown at the time of filing.
Cause
Young brought four causes of action against Welco Supermarket: general negligence, negligent hiring, training, and supervision, assault and battery, and intentional infliction of emotional distress. According to the complaint, on September 21, 2019, at approximately 11:00 a.m., Young entered the Welco Supermarket located at 7100 Fruitridge Road in Sacramento as a customer. She alleged that she picked up two beers and placed them in her purse, and that as she walked toward the exit, security guards working at the store stopped her and asked her to place the beers on the counter.
Young alleged that the store manager approached while she complied with the guards' instructions and began explaining that she would be allowed to leave once she cooperated. Before the manager finished speaking, according to the complaint, the security guards turned on Young without warning and slammed her to the ground, kicked her while restraining her, and were joined by another male employee who assisted in physically restraining her as the guards attempted to handcuff her. Young alleged that she repeatedly told the guards she had not tried to leave and begged them to stop. The Sacramento Police Department arrived at the scene, and emergency medical personnel from the Sacramento Fire Department treated Young before she was transported to UC Davis Medical Center for further treatment.
Injury
Young claimed that the incident caused her serious injuries, including harm to her leg that left her unable to stand without excruciating pain. She alleged she suffered injury and shock to her body and nervous system, along with mental and emotional pain, humiliation, fear, apprehension, anxiety, and anguish.
Damages Sought
Young sought compensatory damages, including lost wages and mental and emotional distress damages, along with actual damages for medical and related expenses, all according to proof at trial. She also requested pre-judgment interest under Civil Code Section 3291, post-judgment interest at the maximum legal rate, and costs of suit. Under her assault and battery claim, Young additionally sought exemplary and punitive damages along with attorneys' fees.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Brenda Young
Counsel: Chadwick J. Johnson | Jeffrey M. Schaff
Defendant: Welco Supermarket, a corporation organized under the laws of the State of California
Counsel: Gregory De La Pena | Ivette Guzman
Cross-Defendants: VT Security Services, Inc. and Vu Truong (named in Welco's cross-complaint; Jacob Lee was also named as a cross-defendant)
Counsel: Michael D. Tracy | Michael J Farley
Procedural History
The case was initially assigned to Hon. Gerrit W. Wood, Department 31, for all purposes as of 2021. It was later tried before Judge Jeffrey S. Galvin in Department 15.
Welco Supermarket filed a cross-complaint against VT Security Services, Inc. (the company that provided security services at the store), Jacob Lee (an individual), and Moes 1 through 20. VT Security Services, Inc. and Vu Truong each filed answers to the complaint/cross-complaint in August and September 2021, asserting numerous affirmative defenses, including comparative negligence, self-defense, lack of an agency relationship, and that any conduct was outside the scope of employment.
Jacob Lee, the security guard whose conduct was central to Young's claims, was affiliated with VT Security Services, Inc. an outside contractor engaged to provide security services at the Welco store rather than being a direct Welco employee. Whether Lee should nonetheless be treated as Welco's agent was a central question submitted to the jury.
Claims
Young alleged that Welco Supermarket owned, occupied, managed, and controlled the store and that it employed or contracted with the security guards who handled the incident. She argued that Welco owed her a duty of care to operate the premises safely and to prevent harm to customers, and that it breached this duty when its security personnel used unreasonable and excessive force against her.
Young's negligent hiring claim asserted that Welco knew or should have known that its security guards were incompetent or likely to cause harm, and that it failed to properly train, supervise, and control them. Her assault and battery claim alleged that the guards intentionally and violently slammed her to the ground, kicked her, and placed her in fear of imminent harm without consent or legal justification. Her IIED claim argued that the guards' conduct was outrageous and shocking to the conscience, causing her severe emotional distress.
Jury Verdict
The trial took place from June 23, 2025, through July 1, 2025, in Department 15 of the Sacramento County Superior Court, with Judge Jeffrey S. Galvin presiding. The jury received a special verdict form and answered a series of questions in sequence.
The jury first considered whether Jacob Lee acted as the agent of Welco Supermarket within the course and scope of his agency when he interacted with Brenda Young. The jury answered no.
The jury then considered whether Jacob Lee had harmed Young while acting or purporting to act for Welco Supermarket, and whether Welco had approved of Lee's interaction with Young after it occurred. The jury again answered no.
Next, the jury addressed whether the security services provided to Welco Supermarket by VT Security Services, Inc., including the services performed by Jacob Lee, involved a special risk of harm. The jury answered no.
The jury then considered whether Jacob Lee had acted negligently. The jury answered no.
Because the jury answered no to whether Jacob Lee had been negligent, the verdict form instructed the jury to stop deliberating and answer no further questions. As a result, the jury never reached the questions addressing comparative fault, damages, or apportionment of responsibility between the parties. The presiding juror, Jonathan Fat, Juror No. 5, signed and dated the form on July 1, 2025.
Judgment
Based on the jury's special verdict, the Court ordered, adjudged, and decreed that Brenda Young take nothing from Welco Supermarket. The Court entered judgment in favor of Welco Supermarket and against Brenda Young. The Court further ruled that Welco Supermarket, as the prevailing party, could recover its reasonable costs of suit from Young, with the exact amount to be determined after Welco filed its memorandum of costs. Judge Jeffrey S. Galvin signed the judgment on July 2, 2025.
Court documents are available upon request at [email protected]
