Wylie

We hold that a landlord has no duty to warn a prospective tenant of the presence of a vicious dog in the neighborhood.

The Wylies, parents and minor children, appeal from a judgment of dismissal of their action against their landlords, the Gresches, for damages resulting from an attack on one of the Wylie children by the vicious dog owned by neighbors living next door to the rented premises. In their complaint the Wylies also allege various causes of action against their neighbors, who were also tenants, and against the owner of their neighbors’ premises; these defendants are not parties to the appeal. The Wylies maintain that the trial court erred in sustaining, without leave to amend, a demurrer to the causes of action against their own landlords. We affirm the judgment.

The function of a demurrer is to test the sufficiency of plaintiffs’ pleading by raising questions of law. (Glaire v. La Lanne-Paris Health Spa, Inc. (1974) 12 Cal.3d 915, 918 [ 117 Cal.Rptr. 541 , 528 P.2d 357 ]; see 5 Witkin, Cal. Procedure (3d ed. 1985) Pleading, § 894, p. 333.) Solely for that purpose, a demurrer admits all properly pleaded material facts, but it does not admit conclusions of law.…

The majority first concludes that the complaint alleged no facts which would give rise to liability under Civil Code section 1714 The majority also concludes that appellants have failed to establish that respondents breached the common law duty to warn of a danger to a person from a third person or an animal or an activity when a special relationship exists between the defendant and the person who might be in danger. The basis for the majority's first conclusion is "the dog was kept by strangers to the landlord[s] on premises over which the landlord[s] had no control." (Maj. opn., p. 420.) The basis for the second conclusion of the majority is set forth on page 424 of the opinion as follows: "even if there is a special relationship between landlord and tenant, it would be unreasonable to extend it beyond the basis of the relationship, the subject property. Insofar as dangers in the neighborhood are concerned, the tenant's position is no different from that of any member of the general public. Neither the tenant nor members of the public rely on a landlord to warn them of such dangers." I disagree with both conclusions. As noted by the majority Civil Code section 1714 , subdivision…

OPINION We hold that a landlord has no duty to warn a prospective tenant of the presence of a vicious dog in the neighborhood. The Wylies, parents and minor children, appeal from a judgment of dismissal of their action against their landlords, the Gresches, for damages resulting from an attack on one of the Wylie children by the vicious dog owned by neighbors living next door to the rented premises. In their complaint the Wylies also allege various causes of action against their neighbors, who were also tenants, and against the owner of their neighbors' premises; these defendants are not parties to the appeal. The Wylies maintain that the trial court erred in sustaining, without leave to amend, a demurrer to the causes of action against their own landlords. We affirm the judgment. (1) The function of a demurrer is to test the sufficiency of plaintiffs' pleading by raising questions of law. ( Glaire v. La Lanne-Paris Health Spa, Inc. (1974) 12 Cal.3d 915 , 918 [ 117 Cal.Rptr. 541 , 528 P.2d 357 ]; see 5 Witkin, Cal. Procedure (3d ed. 1985) Pleading, § 894, p. 333.) Solely for that purpose, a demurrer admits all properly pleaded material facts, but it does not admit conclusions of…