Rialto Terrance Homeowners Assn. v. Superior Court CA4/2
Opinion
Opinion
FACTS
On December 9, 2022, real party in interest K.H., a 12-year-old boy, was bitten on
the legs and genitals by a pit bull while in the garage of an apartment complex, causing
severe injuries. Petitioners are Legend Apex Investments LLC (Legend), which owned
the apartment complex; DFT, Inc. dba Cannon Management (Cannon), which managed
it; and Rialto Terrace Homeowners Association (Rialto), a homeowners’ association
formed when the property was originally developed as condominiums to be sold, though
it ended up as a residential rental property. A tenant in the complex, Trisha Scott, owned
the dog.
2 Scott’s lease prohibited her from having a dog in the apartment without prior
written authorization, and disallowed pit bulls (and certain other “dangerous” breeds)
altogether, with an exception for service or companion animals.
K.H., acting through his guardian ad litem, sued petitioners and Scott. He asserted 1 claims for premises liability and negligence against petitioners.
Petitioners moved for summary judgment or, in the alternative, summary
adjudication. The motion argued petitioners had no actual notice that the dog was
dangerous.