Motion for Summary Judgement, or in the Alternative, Summary Adjudication
Having considered the moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On July 26, 2018, Plaintiff Marlies Hagen (“Plaintiff”) filed a complaint against Defendant Michael Miller (“Defendant”) alleging strict liability [Cal. Civil Code Sec. 3342] and negligence for a dog attack that occurred on September 23, 2016.
On September 6, 2019, Defendant filed a motion for summary judgment or, in the alternative, for summary adjudication, pursuant to California Code of Civil Procedure section 473c.
Trial is set for January 27, 2020.
PARTY’S REQUESTS
Defendant asks the Court to grant summary judgment or, in the alternative, summary adjudication, because: (1) Defendant’s dog did not bite Plaintiff, (2) the attack was unforeseeable, and (3) Defendant was not walking his dog without a leash when it attacked Plaintiff.
LEGAL STANDARD
The purpose of a motion for summary judgment “is to provide
Hearing Date
November 27, 2019
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Motion for Summary Judgement, or in the Alternative, Summary Adjudication
Having considered the moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On July 26, 2018, Plaintiff Marlies Hagen (“Plaintiff”) filed a complaint against Defendant Michael Miller (“Defendant”) alleging strict liability [Cal. Civil Code Sec. 3342] and negligence for a dog attack that occurred on September 23, 2016.
On September 6, 2019, Defendant filed a motion for summary judgment or, in the alternative, for summary adjudication, pursuant to California Code of Civil Procedure section 473c.
Trial is set for January 27, 2020.
PARTY’S REQUESTS
Defendant asks the Court to grant summary judgment or, in the alternative, summary adjudication, because: (1) Defendant’s dog did not bite Plaintiff, (2) the attack was unforeseeable, and (3) Defendant was not walking his dog without a leash when it attacked Plaintiff.
LEGAL STANDARD
The purpose of a motion for summary judgment “is to provide