The judge also found Joseph’s belief that the “defendant Will Smith was involved in the decision to terminate [him] is conclusory and unsupported by any of the factual allegations” outlined in the complaint.
Under California law, a demurrer tests whether a complaint is legally sufficient. Joseph has now been granted 30 days to amend the filing.
Joseph’s original complaint alleged Smith had “deliberately groomed and primed” him for “further sexual exploitation” after inviting him to participate in the global tour in November 2024.
The filing described what Brian called a “traumatic series of events” during March 2025 while travelling on tour.
He alleged he discovered evidence that someone had entered his Las Vegas hotel room without forced entry.
According to the complaint, items allegedly discovered inside the room included a handwritten note reading: “Brian, I’ll be back ... just us,” alongside a heart symbol signed “Stone F”.
The complaint also referenced “wipes, a beer bottle, a red backpack, a bottle of HIV medication with another individual’s name, an earring and hospital discharge paperwork belonging to a person unbeknownst to” Joseph.
Joseph further alleged he “feared that an unknown individual would soon return to his room to engage in sexual acts” with him.
Shortly before filing the lawsuit, Joseph discussed the matter in a social media video in December.
He said: “I can’t get too into the details of exactly what that was because it’s already a legal issue right now, but the reason why I’m speaking out about this is because getting fired or getting blamed or shamed or threatened or anything like that simply for reporting sexual misconduct or safety threats at work is not okay.”
After the lawsuit was filed, Smith’s lawyer Allen B. Grodsky strongly denied the accusations in a statement.
Grodsky said: “Mr Joseph’s allegations concerning my client are false, baseless and reckless. They are categorically denied, and we will use all legal means available to address these claims and to ensure that the truth is brought to light.”