Johnson v. County of Orange CA4/3

Filed 09/25/20 Johnson v. County of Orange CA4/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

TRUDY JOHNSON,

Plaintiff and Appellant, G058298

v. (Super. Ct. No. 30-2015-00780621)

COUNTY OF ORANGE, OPINION

Defendant and Respondent;

Appeal from a judgment of the Superior Court of Orange County, Robert J. Moss, Judge. Affirmed. Request for judicial notice denied. Bisnar Chase and H. Gavin Long, for Plaintiff and Appellant. Koeller, Nebeker, Carlson & Haluck and Scott A. Martin, for Defendant and Respondent. * * *

Plaintiff Trudy Johnson (plaintiff) was seriously injured by a dog bite and sued defendant County of Orange (the County). After plaintiff’s opening statement, the trial court granted the County’s oral motion for nonsuit based upon governmental immunity and entered a judgment of dismissal. Plaintiff appeals from that judgment. We affirm based upon plaintiff’s failure to identify an applicable statutory exception to the general rule of governmental immunity. We deny plaintiff’s request for judicial notice because the subject document is not relevant to the issues remaining after certain concessions made by the parties. FACTS AND PROCEDURAL HISTORY Because we are reviewing a judgment of nonsuit made after the plaintiff’s opening argument, we assume the plaintiff can prove all the favorable facts presented in the opening statement. (Galanek v. Wismar (1999) 68 Cal.App.4th 1417, 1421 (Galanek).) Plaintiff was attacked and bitten by a dog while jogging in the City of Placentia, suffering serious injury, including a broken arm. The dog belonged to Robert Stillwell, a homeless man living in the area. The dog had bitten two other people days earlier, and had been reported to the Anaheim Police Department and Orange County Animal Care. Plaintiff sued Stillwell and the County, alleging one cause of action for strict liability against Stillwell and another for negligent performance of a ministerial duty against the County. The court later dismissed Stillwell, and plaintiff proceeded to trial against the County. After plaintiff’s opening statement, the County orally moved for nonsuit under Code of Civil Procedure section 581c, subdivision (a). The County argued it was immune from liability under Government Code section 815, and plaintiff had failed to identify a statute imposing a duty on the County. The trial court took the motion under submission and received written opposition from plaintiff.