Downing

BACKGROUND

Downing’s initial complaint, filed November 10, 2011, alleged that Carlos and Teresa Flores owned Sugar, a dog “believed to be a pit bull/lab mix,” with “an unusually dangerous or vicious nature” about which the Floreses knew or should have known. Downing was walking her dog Rambo and another dog (both properly leashed) on December 27, 2009, when Carlos was walking Sugar, who “was not under a proper form of restraint or control as would be required by any reasonable person.” Without warning, Sugar attacked Downing and the dogs she was walking, biting Downing on her hand and body, and biting Rambo on his right front leg. As a result, Downing sustained multiple injuries including pain and suffering; Rambo sustained injuries; and “the other dog with plaintiff sustained injury as well.” Downing had to seek medical treatment for herself and the dogs, and lost earnings and income. Downing stated causes of action for strict liability under Civil Code 33421 and negligence, demanded a jury trial, and sought general and special damages. The Floreses answered, denying liability and raising affirmative defenses. Over a year after filing the initial complaint, Downing filed an ex…