Facts

Plaintiff Karam A. Mostafa rented a small room in a detached garage in the back of a house owned by defendants in Alhambra. Defendants also owned and live in a large house adjoining the rental.

On March 30, 2019, plaintiff arrived home to his rental unit and found a tag on the doorknob left by the Southern California Gas Co. about trying to conduct a service call. The next day plaintiff awoke to get ready for work but discovered there was no hot water to take a shower. Plaintiff, of Egyptian heritage with English as his second language, called Lily Chang on her cell phone, who was in Asia with her sick brother. English was also Lily's second language. After explaining the problem, plaintiff claimed Lily told him to go into her yard next door and check the gas meter to see if she had gas and hot water. Plaintiff refused, claiming a fear of her three large dogs. Plaintiff claimed Lily told him the dogs were taken away by her husband Modo. With Lily on the cell phone, plaintiff entered the rear gate of her property and within ten feet he was attacked by her three Akita dogs. Plaintiff was able to struggle to get out of the gate but the dogs continued mauling him until a local worker started to try and help but the dogs went after him.

Either Lily, plaintiff or someone else called 911. The first arriving police officer found plaintiff on the driveway bleeding profusely with his clothes ripped. He then heard someone yelling running up the driveway toward him with three Akitas chasing him, all with their mouths and chests covered in blood. The dogs refused the officer's commands so he fired his revolver 16 times, killing two of the dogs. The third ran away and bit someone in the park before being captured by Animal Control.

Plaintiff was rushed to the nearby LA County/USC hospital where a trauma team saved his life. He was in the hospital for 40 days and underwent numerous surgical procedures.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendants negligently kept three dogs in violation of local ordinance. Plaintiff contended that defendants knew the dogs were dangerous when four Akitas attacked a florist delivering flowers on the property six months earlier, resulting in a citation for having more than two dogs. Further plaintiff contended defendants failed to maintain his rental unit in habitable condition by not paying the gas bill, and that Lily Chang was guilty of despicable conduct in directing plaintiff to enter the yard when she knew or should have known the dogs were there exposing her to punitive damages.

DEFENDANT'S CONTENTIONS: Lily contended that she told plaintiff to check the gas meter behind the house in his yard and that if there was a gas problem it wasn't defendants' fault. She contended that the yard was found to be safely secured.

Insurer

State Farm

Settlement Discussions

Policy limits of $1.5 million was demanded. Plaintiff allowed one other bite victim to settle for $1,000 and the third bite victim for $3,000, allowing for a policy limit demand to be effectual. Plaintiff also and demanded all medical payments available for $2,000.

Specials in Evidence

Meds: $675,000 hospital bill paid by Medi-Cal in the amount of $100,000 Loe: $49,000 per year as a concierge at a Santa Monica Condominium Future Loe: $700,000 Future Meds: $2 million

Injuries

Plaintiff suffered severe deformities all over his body except his face which he protected during the attack; muscle weakness and pain in all extremities due to bite injuries or donor sites for tissue grafting. Plaintiff also suffered post-traumatic stress disorder.

Result

The case settled for $1,496,000 (plus $2,000 med pay).

Other Information

An Ahlborn motion was filed reducing the Medi-Cal lien to $15,000.