A former co-owner of the Mexican restaurant Cinco in Westchester has reached a settlement of a lawsuit he filed against Tik Tok personality Bryce Hall stemming from a 2020 brawl at the eatery.
In his Torrance Superior Court complaint, Hernan Fernando sought hundreds of thousands of dollars in compensatory damages plus punitive damages and attorneys’ fees from the 24-year-old Hall and co-defendant Robert “Rory” Fitzpatrick. Fernando also said his medical damages were just over $9,000.
On Thursday, Gary Y. Tanaka presided over a successful settlement conference between Fernando and Hall. No terms were divulged in the court papers. A March 29 hearing is scheduled on a possible default judgment against Fitzpatrick.
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. 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’s suit filed in April 2021.
Fernando says he remained a co-owner of Cinco until August 2022.