kristin elizabeth wright, Plaintiff, v. britten david lomonaco, et al., Defendants.

Case No.: BC720415

Hearing Date: February 28, 2020

[TENTATIVE] order RE:

Defendant’s MOTION FOR SUMMARY JUDGMENT

BACKGROUND

Plaintiff Kristin Elizabeth Wright (“Plaintiff”) alleges she sustained injuries when a dog owned by Defendant Britten David Lomonaco (“Lomonaco”) attacked her. Defendant John P. Eddy (“Defendant”) owned the rental property where Lomonaco resided with the dog. Now, Defendant moves for summary judgment, which Plaintiff does not oppose. The motion is granted.

LEGAL STANDARD

“[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof