Diaz

INTRODUCTION

Plaintiff and appellant Samantha Diaz sued the City of Los Angeles (City), alleging she was attacked and injured by dogs owned by a homeless man, Walter Underwood, while she was walking on a City sidewalk.1 She alleged causes of action for premises liability, negligence, and maintenance of nuisance on public property. The trial court concluded Diaz failed to state facts sufficient to allege a cause of action against the City, and Diaz’s proposed amendments to the complaint could not cure the defects. It therefore sustained the City’s demurrer, without leave to amend, and dismissed the case. Diaz appeals from the order of dismissal, contending the trial court: (1) erred because her complaint contained allegations sufficient to support each of her causes of action; and (2) abused its discretion by denying her request for leave to amend the complaint. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In the operative complaint, Diaz alleges Underwood acquired possession of “vicious dogs from the [City], through the [City’s] adoption program on a date prior to the incident that is the subject matter of this action.” “Underwood was known by [the City] to be a homeless…