On January 27, 2020 a
Hearing
was filed
involving a dispute between
Hardy, Illya,
Hardy, Johanna Barlund,
Topline K9 Services,
and
Animal Emergency Clinic,
Rios, Dvm, Grace,
for Personal Injury Non-Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
U
nr
F i1 a
1i j A NIA
1 xr F 3 fa i
Jill L Ryther E q SBN 6b 1 ca ir
r O
RYTHER LA GROUP I LP
A G
Mailing Address P 1 Bo 8 i3 Z
Idyllwild CA 92549 r
4 Phone 951 468 4045 r
r
Fax 310 773 9192 C
AttonaeysforPlaintiffs
ILLYA HARDY JOI IANNA BARLUND HARDY
TOPLINE K9 SERVICES
s
SL PERIOR COURT OF CALIFORNIA
y COUNTY Or SAN BERNADINO
io
ILLYA HARDY an individual JOHANNA Case No CIVDS2002744
BARLUND HARDY an individual Honarable Lynn M Poncin
i TOPLING K9 SER IICES
p pt S28
j
Plaintifts
i j PLAINTIFFS OPPOSITION TO
vS
3 4
MOTION TO STRIKE PORTIONS OF
i I I F1RS A1VIENDED COMYLAINT BY
GRACE RIOS DV 1 alT individua i D FENDANTS C RACE R10S DV1VI
ANIMAL EMEi2GIiNCY CL iNIC and AND ANIliIAL EMERCENCY CLINIC
D lES 1 50 nclusi e
C ppositir n to Demurrer filed concurrently
herewith
L efe id nts
i
4 iiing datc 1127 20
zo Hearin dale 9 1 l 0
Tinze 10 am
Ylaintiffs ILLY a HARDY JOHANNA BAKLUT TD HARDY and TOPLiT TE
i
K 9 SERVICES
Plainti ffs j hereby ubmit their Upp sitioir to tl te Motion to Strilce portions of
Plaintiffs First Ame ded Co FAC
mplaint by Defendarits GRACE RtOS DVM and
25
ANIMAL EMERCsENCF CLINIC Deferidants as fall ws
i INTR011UCT101
Plaintiffs u ere the owners possessors and keepers of ti e dog at issue in this case
1
PL4iNT TFi S OPPOST7IC N T i TON TO STI iKE
namely CH IYA Plaintiffs are expet t trainers of Rottweilers and trained CHAYA to be
Plaintiffs service dog and a show dog in addition to CHAYA being a beloved member of their
3
family CHAYA r as also the future of Plaintiffs business the foundation to Plaintiffs
a
5 breeding program but now her bloodlines are gone because Plaintiffs as responsible breeders
had CHAYA s mother and siblings spayed They rnade a responsible business decision for
CHAYA to be the champion sole carrier of these valuable bloodlines Her death meant a
devastating loss of revenue for the business and to the Topline brand value
9
Defendants took possession of CHAYA on June 7 2019 After CHAYA had suffered a
io
1 relatively minor dog bite ov her left rear thigh and was in need of a few stitches Defendants
failed to take the basic precaution ofpostponing anesthesia when an animal has recently eaten
3
despite being told more than once by Plaintiffs More directly Defendants did not care that
ta
CHAYA had receiitly eaten and decided to anesthetize her anyway To compound this cailous
ls
i reckless intent there was no need to fully anesthetize GI3AYA at all since she only needed a
i few stitches in her leg
K
As a result of llefendants intentional and grossly negligent act CHAYA died
ia
II ARGUMENT
A DEFENDAN TS PRESENT A FLAWED ARGUMENT PUNITIVE
DAMAGES PURSUANT TO CI CODE 3340 AR NOT PROHIBITED UNDER
Cl CODE 425 13
3
In Defendants Motion to Strilce they ask this Court to alter both statutory lav4 and basic
4
common law principles to create spzcia immunities for veterinarians The Coure sl ould reject
5
Defendants request
6
First Code Civil Procedure 425 13 SeLtion 425 13
of section does not eequire that
z plaintifts seek leave of court unless they are seaisin pmiiti e damages under Civil Code Section
z
PLAIA TIFFS OPPOSTTION TO MOTION TO STRiKE
Document Filed Date
August 24, 2020
Case Filing Date
January 27, 2020
Category
Personal Injury Non-Motor Vehicle Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
U nr F i1 a 1i j A NIA 1 xr F 3 fa i Jill L Ryther E q SBN 6b 1 ca ir r O RYTHER LA GROUP I LP A G Mailing Address P 1 Bo 8 i3 Z Idyllwild CA 92549 r 4 Phone 951 468 4045 r r Fax 310 773 9192 C AttonaeysforPlaintiffs ILLYA HARDY JOI IANNA BARLUND HARDY TOPLINE K9 SERVICES s SL PERIOR COURT OF CALIFORNIA y COUNTY Or SAN BERNADINO io ILLYA HARDY an individual JOHANNA Case No CIVDS2002744 BARLUND HARDY an individual Honarable Lynn M Poncin i TOPLING K9 SER IICES p pt S28 j Plaintifts i j PLAINTIFFS OPPOSITION TO vS 3 4 MOTION TO STRIKE PORTIONS OF i I I F1RS A1VIENDED COMYLAINT BY GRACE RIOS DV 1 alT individua i D FENDANTS C RACE R10S DV1VI ANIMAL EMEi2GIiNCY CL iNIC and AND ANIliIAL EMERCENCY CLINIC D lES 1 50 nclusi e C ppositir n to Demurrer filed concurrently herewith L efe id nts i 4 iiing datc 1127 20 zo Hearin dale 9 1 l 0 Tinze 10 am Ylaintiffs ILLY a HARDY JOHANNA BAKLUT TD HARDY and TOPLiT TE i K 9 SERVICES Plainti ffs j hereby ubmit their Upp sitioir to tl te Motion to Strilce portions of Plaintiffs First Ame ded Co FAC mplaint by Defendarits GRACE RtOS DVM and 25 ANIMAL EMERCsENCF CLINIC Deferidants as fall ws i INTR011UCT101 Plaintiffs u ere the owners possessors and keepers of ti e dog at issue in this case 1 PL4iNT TFi S OPPOST7IC N T i TON TO STI iKE namely CH IYA Plaintiffs are expet t trainers of Rottweilers and trained CHAYA to be Plaintiffs service dog and a show dog in addition to CHAYA being a beloved member of their 3 family CHAYA r as also the future of Plaintiffs business the foundation to Plaintiffs a 5 breeding program but now her bloodlines are gone because Plaintiffs as responsible breeders had CHAYA s mother and siblings spayed They rnade a responsible business decision for CHAYA to be the champion sole carrier of these valuable bloodlines Her death meant a devastating loss of revenue for the business and to the Topline brand value 9 Defendants took possession of CHAYA on June 7 2019 After CHAYA had suffered a io 1 relatively minor dog bite ov her left rear thigh and was in need of a few stitches Defendants failed to take the basic precaution ofpostponing anesthesia when an animal has recently eaten 3 despite being told more than once by Plaintiffs More directly Defendants did not care that ta CHAYA had receiitly eaten and decided to anesthetize her anyway To compound this cailous ls i reckless intent there was no need to fully anesthetize GI3AYA at all since she only needed a i few stitches in her leg K As a result of llefendants intentional and grossly negligent act CHAYA died ia II ARGUMENT A DEFENDAN TS PRESENT A FLAWED ARGUMENT PUNITIVE DAMAGES PURSUANT TO CI CODE 3340 AR NOT PROHIBITED UNDER Cl CODE 425 13 3 In Defendants Motion to Strilce they ask this Court to alter both statutory lav4 and basic 4 common law principles to create spzcia immunities for veterinarians The Coure sl ould reject 5 Defendants request 6 First Code Civil Procedure 425 13 SeLtion 425 13 of section does not eequire that z plaintifts seek leave of court unless they are seaisin pmiiti e damages under Civil Code Section z PLAIA TIFFS OPPOSTTION TO MOTION TO STRiKE