Jordin M. Julick, a minor, by and through Debora C. Nassaro, her Guardian ad Litem v. Los Angeles Unified School District; Diana M. Dietrich, aka Diana Dietrich, aka Diana Dexter, and Does 1 through 100, inclusive
Published: Jun. 17, 2017 | Result Date: May 15, 2017 | Filing Date: Jan. 1, 1900 |Case number: BC630549 Bench Decision – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Lee C. Arter
(Law Offices of Lee Arter)
Defendant
Delia Ibarra
(Albright Yee & Schmit APC)
Facts
On Oct 23, 2015, minor plaintiff was attacked by a dog owned by defendant Diana Dietrich while on Los Angeles Unified School District property.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that LAUSD knew or should have known that Dietrich and others were training dogs on its property on a continuous basis and that it failed to warn others about such activities. She sued Dietrich and LAUSD, asserting claims for negligence and dangerous condition of public property.
DEFENDANT'S CONTENTIONS:
LAUSD contended in its demurrer, that plaintiff's negligence claim failed because she did not allege a statutory basis for her claim. Her dangerous condition claim failed because she failed to allege any actual dangerous physical condition of the property.
Result
The court sustained the demurrer without leave to amend.
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