Diaz v. Underwood, et al.
Defendant CITY OF LOS ANGELES’s demurrers to the first and second causes of action in Plaintiff Samantha Diaz’s Complaint are SUSTAINED. Leave to amend is granted. Plaintiff has 20 days to amend. The motion to strike is DENIED as moot.
I. DEMURRERS
The Complaint alleges that on April 26, 2018, Plaintiff was attacked and mauled by dangerous dogs kept unrestrained on Defendant City of Los Angeles’s (“City”) property by Defendant Walter Underwood. The property at issue was a sidewalk. The Complaint further alleges that City employees gave the dangerous dogs to defendant, knowing that he had no safe place to keep the dogs; and further alleges that “the injuries occurred because of lack of, or poor supervision by City of Los Angeles staff.”
The Complaint purports to assert two causes of action against the City: (1) premises liability; and (2) general negligence. The claims are purportedly brought pursuant to sections 815.2(a), 820, 835 and 840 of the California
Hearing Date
October 03, 2019
Type
Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist (General Jurisdiction)
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Diaz v. Underwood, et al.
Defendant CITY OF LOS ANGELES’s demurrers to the first and second causes of action in Plaintiff Samantha Diaz’s Complaint are SUSTAINED. Leave to amend is granted. Plaintiff has 20 days to amend. The motion to strike is DENIED as moot.
I. DEMURRERS
The Complaint alleges that on April 26, 2018, Plaintiff was attacked and mauled by dangerous dogs kept unrestrained on Defendant City of Los Angeles’s (“City”) property by Defendant Walter Underwood. The property at issue was a sidewalk. The Complaint further alleges that City employees gave the dangerous dogs to defendant, knowing that he had no safe place to keep the dogs; and further alleges that “the injuries occurred because of lack of, or poor supervision by City of Los Angeles staff.”
The Complaint purports to assert two causes of action against the City: (1) premises liability; and (2) general negligence. The claims are purportedly brought pursuant to sections 815.2(a), 820, 835 and 840 of the California