HEARING ON DEMURRER TO 2nd Amended COMPLAINT of ESPINOSA

FILED BY GAGNE-MULFORD ENTERPRISES, INC.

* TENTATIVE RULING: *

Defendant Gagne-Mulford Enterprises, Inc. dba Benjamin Franklin Plumbing, Inc.’s (“BFP”) demurrer to Plaintiff Darrin Espinosa’s Second Amended Complaint (“SAC”) is overruled. Plaintiff has added significant new facts to the amended pleading. Specifically, Plaintiff has alleged facts that show the property owner, Shalini Azariah, and her tenant (daughter), Shanti Azariah, had actual knowledge of the dangerous propensities of Shanti’s German Shepherd dog. (SAC, paragraphs 5, 6) The SAC further alleges that the property owner relayed this information to BFP in entering into the home improvement plumbing contract with BFP. Indeed, the SAC alleges that it was a precondition to entering into the contract that

BFP understood the seriousness of the actual danger that her tenant’s dog posed to BFP employees, their agents and others who would visit the backyard job site on