Dutcher v. Wallace CA1/3

Filed 2/15/23 Dutcher v. Wallace CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

JANDA DUTCHER, Plaintiff and Appellant, A163135 v. (Contra Costa County JAMES WALLACE et al., Super. Ct. No. CIVMSC1802179)

Defendants and Respondents.

Plaintiff Janda Dutcher sued, among others, defendants Tami and Steven Weber after being bitten by a dog present at their property; she appeals an order granting them summary judgment of her general negligence and premises liability claims. We conclude there is no evidence the Webers — landlords who neither lived at the property nor owned the dog — had actual knowledge a dog with dangerous propensities was on the premises. They consequently had no duty to prevent the harm alleged, and Dutcher cannot establish the elements necessary for a general negligence or premises liability cause of action. We affirm. BACKGROUND The Webers own a home in Contra Costa County. They rent it to their son, defendant Timothy Adams, who lives there with his wife, Desiree

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Adams, their three young children, and a dog.1 The Webers occasionally visit to see their grandchildren. The Adamses pay the Webers a reduced monthly rent in exchange for maintaining and landscaping the property, and the Adamses reimburse the Webers for paying water and garbage bills. Although Steven did not produce a written rental agreement or more than one copy of a rent check, he testified the Adamses never missed a monthly payment. Defendant James Wallace temporarily lived with the Adamses in 2017. During a three-month period, Wallace stayed approximately four to five nights in total. Wallace owned the dog at issue here — Rambo — who also occasionally stayed at the house. Whenever Wallace left, he either took Rambo with him or left the dog at home in a cage. Desiree and Timothy both stated Rambo did not act aggressively with them, their dog, or children. But a neighbor recounted a conversation with Desiree in which she acknowledged Rambo had once escaped the house and fought with another dog. The Webers declared they did not know Wallace and Rambo were staying at the house; Steven only knew that a person familiar with Timothy was going to stay for a few weeks. On March 16, 2017, Dutcher was walking her two dogs across the street from the Adamses’ home. Suddenly, the Adamses’ dog and Rambo ran from the front yard towards Dutcher, and Rambo tried to attack one of Dutcher’s dogs. While Dutcher was trying to protect her dog, Rambo bit her several times on her left arm, resulting in injuries that required medical treatment. Wallace surrendered Rambo to be euthanized and thereafter did not return to the house.