A judge has cleared most of the allegations in a lawsuit brought by a downtown restaurant against the Sheraton Grand Los Angeles. The lawsuit, filed by Joey’s Restaurant Los Angeles Inc., doing business as JOEY DTLA, accuses some inn guests and employees of discarding burning cigarettes and other objects from a balcony and lower level rooms above the eatery, resulting in these items falling onto the restaurant’s patio while customers dine.
The lawsuit, initiated in August 2021, alleges trespass, nuisance, and negligence on the part of the Sheraton Grand Los Angeles. JOEY DTLA seeks preliminary and permanent injunctions, as well as declaratory relief. During a recent hearing, Los Angeles Superior Court Judge Anne Richardson ruled that the case can proceed to trial on all claims except the injunctive relief claim, which was dismissed due to technical reasons.
Attorneys representing the hotel argued that JOEY restaurant management failed to provide evidence of witnesses or video recordings showing the source of the debris. However, Judge Richardson stated that a jury should determine the origin of the litter since the hotel’s evidence did not definitively prove that the debris could not have come from the hotel.
Both the Sheraton Grand Los Angeles and JOEY DTLA are situated in The Bloc, an open-air urban center in the 700 block of West Seventh Street. JOEY DTLA is part of a family of company eateries located across North America, including three in Los Angeles County. The restaurant is known for its spacious patio dining areas and retractable awnings.
JOEY DTLA boasts the largest street-level patio in downtown Los Angeles and features a theater kitchen and an interior willow tree artwork that creates an “oasis” for its customers and employees within the city, according to the lawsuit. The restaurant management alleges that employees, guests, and others at the Sheraton have repeatedly thrown various objects, including burning cigarettes and flaming materials, as well as a full beer can, a cup of water, and a coffee creamer container, onto and into JOEY DTLA. One incident even prompted a customer to leave a negative review on Yelp.
Many of these projectiles, including the beer can, cup with water, and burning objects, originate from a large balcony at the Sheraton, which is concealed by shrubbery and other coverings. This makes it an attractive spot for individuals seeking to smoke discreetly within the hotel, despite it being a non-smoking establishment, and who need a way to dispose of cigarette remnants or burning materials, as stated in the lawsuit.
As a result of these incidents, the restaurant has had to restrict the use of its patio and install a large awning with 41 burn marks caused by the thrown burning objects, the lawsuit claims. While some Sheraton rooms have sealed windows, many above the restaurant can be opened, allowing projectiles to be launched towards JOEY DTLA.
Restaurant management alleges that Marriott, the parent company of Sheraton, has been aware of the issue but has taken no action to prevent guests or employees from throwing projectiles onto the restaurant grounds.
To mitigate the situation, the restaurant has had to limit the use of its patio and replace the fabric awning with a more costly material less prone to burning. Additionally, JOEY DTLA has been providing complimentary meals or drinks to appease customers affected by these incidents, as per the lawsuit.
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