Dehn

Dehn v. Cosgrove CA3

Good Law
Court of Appeal of CaliforniaApril 4, 2025C098877California3,489 words

Opinion

Opinion

Eurie, J.

BACKGROUND

Appellants sued Marian, Shawndell, and Higuera after a dog attacked appellants on a property Marian owned in Stockton (the Stockton property). Appellants alleged that in late 2018 the dog bit Olivianna and then bit Olivia when she tried to help, leaving Olivianna, who was then five years old, with multiple facial fractures and complex facial lacerations. Appellants further alleged that Marian, Shawndell, and Higuera together owned the dog. Appellants raised two causes of action. In the first, for strict liability, they asserted that Marian, Shawndell, and Higuera were all strictly liable for the dog’s actions. In the second, for negligence and premises liability, they asserted that Marian, Shawndell, and Higuera were all liable because of their negligent acts or omissions. As a part of appellants’ suit, the trial court appointed one of Marian’s daughters— Eve Monroe—as Marian’s guardian ad litem. It did so after finding Marian lacked legal capacity to make decisions. (See Code Civ. Proc., § 372, subd. (a).)2 Marian afterward generally denied the allegations in appellants’ complaint and then moved for summary

2 Undesignated statutory references are to the Code of Civil…

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