Facts

Plaintiff Kladiya Vitaleya Lanovenko filed suit against Bark N' Bitches, Holly T. Browde, and Rich Browde, in connection with a dog bite.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a frequent visitor of Bark N' Bitches, a local pet supply boutique. Plaintiff claimed that while on defendant's property, playing with several dogs in the dog pen, she was bitten on the face. Plaintiff contended that one of the dogs became jealous when plaintiff stopped paying attention to him.

Plaintiff brought a three-count complaint against defendant pet supply for strict liability, negligence and premises liability. Over the course of discovery, plaintiff voluntarily dismissed her strict liability claim against defendant as it was learned defendant was not the owner of the Maltese and was simply allowing the dog's owner to show the puppy in her store so it could be adopted.

DEFENDANTS' CONTENTIONS:
Defendant claimed that plaintiff suffered a baby dog scratch/bite from a four-month-old Maltese puppy.

Despite plaintiff's dismissal of her primary claim under California's dog-bite statute, plaintiff proceeded with her lawsuit against defendant under a premises liability theory.

Result

The court granted defendants' motion for summary judgment on the remaining premises liability claim.