Piedra

INTRODUCTION

Plaintiff and appellant Reinaldo Piedra appeals from a judgment of dismissal following a successful demurrer brought by defendant and respondent City of Long Beach (the City). Piedra was bitten by a pit bull and then sued City for his injuries under a theory of negligence. Piedra asserted the City was on notice that the pit bull was a vicious animal because the dog had attacked a city attorney six years prior to his injuries. Piedra alleged the City was required but failed to hold a public hearing under Long Beach Municipal Code section 6.16.270 to determine the “vicious animal” status of the pit bull, which would have been then euthanized or contained. The trial court sustained the City’s demurrer, concluding the City was immune from liability for its discretionary acts under Government Code section 815.1 Piedra argues this was error because the City is liable under section 815.6, which creates an exception to governmental immunity when the entity fails to discharge a mandatory duty imposed by an enactment. Alternatively, Piedra argues that even if the City is immune from liability for its discretionary decisions and acts, the City is liable here because it failed…