Dept. F-49

Date: 8-9-21

Case #20STCV44843

Calendar # 2

TRIAL DATE: Not Set

DEMURRER

MOVING PARTY: Defendants, Oliver Cajina and Clara Flores

RESPONDING PARTY: Plaintiffs, Marisol Garcia, et al.

RELIEF REQUESTED

Demurrer to the First Amended Complaint

2nd Cause of Action: Strict Liability for Injury Caused by Domestic Animal with Dangerous Propensities

Motion to Strike

Allegations Regarding Dog Ownership and Expense Statistics, Citations to Publications Regarding Pet Ownership, Claims of Emotional Distress, and Claim for Future Economic Damages caused by Lost Breeding Opportunity Revenue

SUMMARY OF ACTION

Plaintiffs, Marisol Garcia, Joe Garcia, and M.G., a minor and Defendants Oliver Cajina and Clara Flores occupy adjacent homes separated by a border fence. The fence fell into disrepair which led to an agreement to jointly share the cost of replacing the fence. Plaintiffs allege the contractors hired by Defendants led to the destruction of two mature trees on Plaintiffs’ p