A judge indicated Wednesday he is poised to rule in favor of a former co-owner of the Mexican restaurant Cinco in Westchester in his bid to obtain a possible default judgment against Bryce Hall stemming from a 2020 brawl at the eatery.
In his Torrance Superior Court complaint, Hernan Fernando is asking for hundreds of thousands of dollars in compensatory damages plus punitive damages and attorneys’ fees from the 23-year-old Hall and co-defendant Robert “Rory” Fitzpatrick. Fernando also said his medical damages are just over $9,000. He sued the two men in April 2021.
The TikTok star maintains he was not properly served with the suit. But in a tentative ruling issued Wednesday, Judge Gary Y. Tanaka said he is inclined to deny Hall’s motion to set aside the default process.
“(Hall) argues that the … facts do not demonstrate effective personal service,” the judge wrote. “However, the court finds that extensive recognized authority exists for the proposition that such facts would constitute personal service when the (Hall) is actively engaging in acts to avoid personal service.”
Hall also has not provided evidence showing that he did not have actual notice of the action in time to defend the lawsuit or that any purported lack of actual notice was not caused by his attempt to avoid service or through “inexcusable neglect,” according to Tanaka, who is scheduled to hear arguments Thursday before issuing a final ruling.
Hall maintained he was not served with the complaint at his current home in Sherman Oaks until Dec. 7, a day after Fernando’s attorneys filed their court papers seeking a default judgment.
Hall disputed the assertions of a process server who contends that he personally presented the defendant with the lawsuit documents. Hall further said that when he received the complaint at his current address, he acted properly by contacting his business manager and hiring an attorney.
Hall’s assertions were disputed in court papers filed by Fernando’s attorneys.
“Hall’s celebrity status does not entitle him to special rules that allow him to ignore a lawsuit for nearly two years and then avoid the repercussions of an entry of default,” Fernando’s lawyers argued in their court papers. “And Hall’s feigned belief that he was never served with the complaint is belied by the facts.”
Hall was driving his Tesla from his Bel Air mansion in June 2021 when a process server approached to try and present him with the lawsuit, according to the plaintiff’s attorneys’ court papers, which further stated that Hall yelled an epithet at the server.
The process server waited and Hall returned, but put his car in reverse and drove away when he saw the server, who then attached copies of the documents to the home’s intercom, according to Fernando’s attorneys’ court papers.
“This was valid personal service,” according to Fernando’s lawyers’ court papers, which further state that the server also mailed copies to Hall.
In his lawsuit, Fernando says that Hall should pay at least $500,000 in punitive damages in addition to the compensatory damages. He also accuses the influencer of racism, saying Hall chided him when he spoke in Spanish and derided his Latino heritage.
“Being a part-owner of Cinco and owning my own business in Los Angeles was the culmination of my American dream and the embodiment of my life’s work,” Fernando said in a sworn declaration in support of the default judgment. “I considered it my greatest professional achievement and took immense pride in being a co-developer and co-owner of such an establishment.”
Hall, Fitzpatrick and two of their companions arrived at Cinco in the late afternoon of Oct. 19, 2020, and Fernando seated them outside due to coronavirus restrictions, according to the plaintiff.
“I noticed that all four men were acting a little exuberant and loud,” Fernando says, adding that Hall mimicked him after he spoke in Spanish to the eatery’s hostess.
Fernando says he asked the four to leave after they ignored demands they stop vaping.
“In response to my request that they leave, Hall pulled out his vape pen, took a hit and blew smoke into my face,” Fernando says. “Although I was frustrated, irritated and concerned by Hall’s conduct, especially given that we were in the midst of a pandemic, I remained calm, told Hall it was time to go and attempted to direct him towards the exit.”
While he was escorting the group out, according to Fernando, Fitzpatrick began punching him and Hall grabbed the plaintiff on the front of his shirt, causing all three to fall to the floor.
Fernando says he suffered a broken hand, bruised face, pain from being punched in the ribs as well as neck and back injuries caused by Hall violently pulling his neck into a chokehold. Fernando further says he heard Hall screaming that he was rich and had lawyers who could get him out of any trouble.
Hall yelled at Fernando, “I’m from Bel Air and you’re just a fat Mexican who works at a restaurant,” according to the plaintiff.
Fernando says he remained a co-owner of Cinco until last August.