California Court of Appeal

Judgment for defendants in case seeking damages for personal injuries plaintiff suffered when a dog belonging to a tenant of the unit next door jumped on plainitiff, and postjudgment award of fees, are affirmed where defendants had no duty to plaintiff to protect her from the dog, the landlord is not liable for a nuisance created by the tenant in terms of allowing the dog to run off-leash, claims that defendants were vicariously liable or that they breached a contract fail as a matter of law, and the court did not err in determining that the prevailing party was entitled to fees incurred in defense of contractual and declaratory causes of action.

Appellate Information

• Decided 10/16/2006
• Published 10/16/2006

Judges

• STEIN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Von Till & Associates, Steven F. Von Till, Andrew J. Kopp, Oakland, for Plaintiff and Appellant.


• For Appellees:
  
• Horvitz & Levy, LLP, Jon B. Eisenberg, Wendy S. Albers, Encino, Valerian, Patterson & Stratman, Frederick A. Patterson, Alameda, for Defendants and Respondents Marina Seagate Homeowners Association and Jerome Brown., Philip M. Andersen & Associates, Jeanette N. Little, Milan R. Yancich, for Defendants and Respondents Amanda Goldt Property Management, Amanda Goldt, and John Sellars.