1.MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATIO
As alleged plaintiff and his fiancé were walking their two dogs past the corner of Rockledge and PCH in Laguna Beach. As they passed defendants’ home, they noticed a pit bull mix upstairs on the balcony agitated and going crazy.
There is evidence that the pit bull mix (named Max) was aggressively territorial. From there, Max somehow left the balcony, escaped from the interior of the yard, pushed open the gate in the front yard, and bolted after plaintiff and his dog. There is conflicting evidence as to precise series of events, but nothing changes the fact that Max escaped the property unrestrained and attacked.
Shannon and Dwight Porter (property owners) move to summarily adjudicate in their favor the two causes of action alleged against them. Max was being cared for in their home, and escaped from their home en route to attacking plaintiff.
Summary judgment is no longer a disfavored remedy; instead, it is “now seen as a particularly su
Hearing Date
June 08, 2018
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1.MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATIO
As alleged plaintiff and his fiancé were walking their two dogs past the corner of Rockledge and PCH in Laguna Beach. As they passed defendants’ home, they noticed a pit bull mix upstairs on the balcony agitated and going crazy.
There is evidence that the pit bull mix (named Max) was aggressively territorial. From there, Max somehow left the balcony, escaped from the interior of the yard, pushed open the gate in the front yard, and bolted after plaintiff and his dog. There is conflicting evidence as to precise series of events, but nothing changes the fact that Max escaped the property unrestrained and attacked.
Shannon and Dwight Porter (property owners) move to summarily adjudicate in their favor the two causes of action alleged against them. Max was being cared for in their home, and escaped from their home en route to attacking plaintiff.
Summary judgment is no longer a disfavored remedy; instead, it is “now seen as a particularly su