Overview
- Judge Michael Shultz in Los Angeles granted Will Smith’s demurrer Tuesday, finding the complaint did not allege conduct “sufficiently severe or pervasive” to qualify as workplace harassment.
- The court pointed to gaps about access to the hotel room at issue, noting Brian King Joseph left a bag containing his key in a shared tour van for hours, which undercut claims that only Smith’s camp could have entered.
- Joseph’s retaliation and wrongful termination counts did not survive this stage, and Smith’s attorney has called the allegations false.
- The dismissal is with leave to amend, giving Joseph 30 days to add facts or evidence; without an adequate amended filing, the case will be closed.
- Joseph, an America’s Got Talent finalist who played on Smith’s 2025 tour, had alleged an intruder left a note signed “Stone F” plus items like wipes, beer, and HIV medication before he was later replaced on the tour.