Breeden v. Superior Court CA1/2

California Court of Appeal Oct 10, 2014 No. E061553Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that the doctrine of primary assumption of the risk bars an animal control officer from recovering damages from a landlord for injuries sustained while taking dangerous dogs into custody.

Issues

Does the common law 'firefighter's rule' or the doctrine of primary assumption of the risk apply to an animal control officer injured by a dog?
Does the exception for independent acts of misconduct apply to a landlord when an animal control officer is injured by a tenant's dog?

Disposition. Petition granted.

Quotations verified verbatim against the opinion

“the doctrine of primary assumption of the risk applies here.”

“it has no application to petitioners, the landlord of the premises.”

“Let a peremptory writ of mandate issue, directing the Superior Court of San Bernardino County to vacate its order denying petitioners’ motion for summary judgment and to enter a new order granting said motion.”

Filed 10/10/14 Breeden v. Superior Court CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

PERCY ALLEN BREEDEN, as Trustee, etc., E061553 Petitioners, (Super.Ct.No. CIVDS1301562) v. OPINION THE SUPERIOR COURT OF SAN BERNARDINO COUNTY,

Respondent;

DALE G. DAVIS,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petition for writ of mandate. Donna G. Garza,

Judge. Petition granted.

Greines, Martin, Stein & Richland, Robert A. Olson, Alana H. Rotter; Law Offices

of Vivian L. Schwartz, Kevin B. Bevins; Early, Maslach & Hartsuyker, James Grafton

Randall for Petitioners.

No appearance for Respondent.

Mansell & Mansell, Paul D. Fitzgerald for Real Party in Interest.

In this matter we have reviewed the petition and the opposition filed by real party

in interest. We have determined that resolution of the matter involves the application of

settled principles of law, and that issuance of a peremptory writ in the first instance is

therefore appropriate. (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171,

178.)

Breeden v. Superior Court CA1/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

DALE G. DAVIS,

More from California Court of Appeal

Related research

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

MILLER J.

AI Brief