Motion for Summary Judgment by Defendant, EQR-Fresca 2009 Limited Partnership, filed on 8/15/18, is GRANTED. Defendant has met its burden of proving it is entitled to judgment in its favor. Cal. Code Civil Procedure § 437c(p)(2).
The undisputed facts establish that on 6/7/15, Plaintiff was attacked by a dog owned by Defendants, Ravinder and Neelam Anand (“Anands”), while Plaintiff was at a residential apartment complex, called Summerset Village Apartments. UF 1, 2.
Defendant, EQR-Fresca 2009 Limited Partnership (“EQR”), was the owner lessor of the premises were both Plaintiff and the Anands were tenants. UF 3, 4.
There is no dispute that prior to the incident, Plaintiff reported to the complex that the Anands could not control the Husky, meaning that the Husky barked, howled, and pulled on his leash when the Anands walked their dog. UF 18.
Evidentiary objections.
Plaintiff’s objections to the Declaration of Kevin Torres. All objections are SUSTAINED.
The court declines to rule on
Hearing Date
October 29, 2018
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Motion for Summary Judgment by Defendant, EQR-Fresca 2009 Limited Partnership, filed on 8/15/18, is GRANTED. Defendant has met its burden of proving it is entitled to judgment in its favor. Cal. Code Civil Procedure § 437c(p)(2).
The undisputed facts establish that on 6/7/15, Plaintiff was attacked by a dog owned by Defendants, Ravinder and Neelam Anand (“Anands”), while Plaintiff was at a residential apartment complex, called Summerset Village Apartments. UF 1, 2.
Defendant, EQR-Fresca 2009 Limited Partnership (“EQR”), was the owner lessor of the premises were both Plaintiff and the Anands were tenants. UF 3, 4.
There is no dispute that prior to the incident, Plaintiff reported to the complex that the Anands could not control the Husky, meaning that the Husky barked, howled, and pulled on his leash when the Anands walked their dog. UF 18.
Evidentiary objections.
Plaintiff’s objections to the Declaration of Kevin Torres. All objections are SUSTAINED.
The court declines to rule on