Pielstick v. Sagetree Village etc. Community CA2/1

Filed 1/15/15 Pielstick v. Sagetree Village etc. Community CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

STEPHEN H. PIELSTICK, B253733

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC478418) v.

SAGETREE VILLAGE MANUFACTURED HOME COMMUNITY,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Melvin D. Sandvig, Judge. Affirmed in part and reversed in part. Stephen H. Pielstick, in pro. per., and for Plaintiff and Appellant. Wood, Smith, Henning & Berman, Shannon M. Benbow and Danielle L. Pittsenbarger for Defendant and Respondent. ——————————

Plaintiff Stephen H. Pielstick1 appeals the trial court’s dismissal of his complaint for damages arising out of dog bite Stephen Pielstick suffered at defendant Sagetree Village Manufactured Home Community’s (Sagetree) mobile home park. The trial court sustained Sagetree and Serissa Le Fever’s demurrer on the grounds that Pielstick’s complaint was uncertain and defendants owed no duty to plaintiff. We reverse in part and affirm in part. FACTUAL BACKGROUND AND PROCEDURAL HISTORY 1. Pielstick’s FAC Pielstick’s claims were based upon three incidents, although only Stephen Pielstick’s dog bite injury is at issue on appeal.2 Pielstick’s FAC stated claims for negligence, loss of consortium, elder abuse, intentional infliction of emotional distress, tortious interference with contract, and slander against Sagetree, its manager Serissa Le Fever, and the tenants Jose and Maria F. Uribe.3 Pielstick’s FAC alleged that plaintiffs own a mobile home located at Sagetree’s mobile home park in Lancaster, California. Pielstick’s home occupied space No. 240. Defendants Jose and Maria F. Uribe lived next door in space No. 239. Pielstick rented his unit to the Uribe’s daughter, who is also named “Maria Uribe.” On December 21, 2010, Pielstick was retrieving his personal property from the Uribes at their invitation when the Uribes’ dog bit him on the hand, causing bodily injury to Pielstick. Pielstick, who is 73 years old, suffers from memory loss and poor eyesight.