Defendant TRD Investment Properties, Inc. (“Defendant”) moves for summary judgment on the Complaint filed by plaintiff Ashley Thuy Investment Properties, Inc. (“Plaintiff”), or in the alternative, summary adjudication on (1) the 1st cause of action for strict liability (Civ. Code § 3342), (2) the 2nd cause of action for general negligence, and (3) the 3rd cause of action for premises liability.
ISSUE 1: 1st cause of action for Strict Liability
CCP § 3342 states, in part, as follows: “(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness . . . .”
Here, Defendant presents evidence that it is not the owner of the dog. Plaintiff does not dispute this. (SSUMF 1 [Tran Decl. ¶¶ 4, 5; SSUMF 2.) As such, Defendant cannot be strictly liable under CCP § 3342,