A 31-year-old San Francisco woman who was beaten so badly outside a Daly City Nation's Giant Hamburgers that she suffered a traumatic brain injury and a fractured eye socket has filed a lawsuit against the shopping center's owner, the restaurant chain and its security contractor. Nicole Malouf, a recent culinary school graduate, says in the suit that the companies knew the property was dangerous and did nothing to protect her.
The lawsuit, filed in San Mateo County Superior Court, names Kimco Realty Corporation, which owns the Westlake Shopping Center, along with Nation's Food Service and Mana Armed Guards, according to KTVU FOX 2. The complaint alleges the defendants failed to implement and maintain adequate safety measures to protect people entering the property, despite knowing about previous violence there, as first reported by KRON4.
Malouf had just finished a shift at a nearby pastry shop and stopped at the 24-hour diner before the attack unfolded outside the restaurant. A man demanded her car keys, and when she refused, he punched and kicked her in the face and body, the station reports. She managed to escape by grabbing the door handle and crawling back inside the restaurant.
A Beating That Left Lasting Damage
Malouf was attacked at about 11:30 p.m. outside Nation's at Westlake Shopping Center, NBC Bay Area reports, describing the attacker yelling, “Keys, keys!” as he struck her. The outlet reported she suffered an orbital fracture on the right side of her face that has caused ongoing double vision, with one account noting, “It now is moving her eye socket, so she's seeing double vision.”
The attack happened on Oct. 16, 2025, and left her with blood pouring out of her eye and a fractured orbital bone, per KRON4's reporting. Her lawsuit claims the traumatic brain injury and orbital fracture caused permanent facial disfigurement and vision that has continued to degrade, threatening the career she had just begun building after finishing culinary school.
Suspect Faces Felony Charges in Separate Incident
Marc Joseph Vigo Buada, a 30-year-old Daly City resident, was identified as the suspected attacker. KTVU FOX 2 reported that an attacker it identified as Marc Bauda was arrested two days after the attack in connection with a separate assault near Edgeworth Avenue and 87th Street, while NBC Bay Area reported that Daly City police arrested 30-year-old Marc Buada, suspected in Malouf's assault and attempted carjacking, two days later. The two outlets' spellings of the suspect's surname differ.
He now faces felony charges of carjacking, assault likely to produce great bodily injury and battery with serious bodily injury, according to KRON4. Bail was set at $400,000, and he remains in custody as the San Mateo County District Attorney's Office prosecutes the case, which is currently in pretrial motions.
Lawsuit Targets Property Owner and Security Firm
Malouf's complaint alleges the defendants knew or should have known the property was prone to violent acts, thefts and trespassers, pointing to numerous similar prior crimes nearby, and that they did nothing to remedy security and oversight deficiencies despite notice of the dangers. Her attorneys at Morgan & Morgan said the defendants were supposed to keep the community safe.
She is seeking a jury trial and compensation for lost wages and medical expenses. KTVU FOX 2 reported that Malouf is also seeking damages for mental and emotional distress and her legal fees. Under California Civil Code § 1714, property owners and businesses can be held liable for injuries caused by a failure to exercise ordinary care in managing their premises, the legal standard underpinning claims like the one Malouf has brought against the mall, the restaurant and the security company.
