A dog attack has sparked a legal battle in Santa Clara County, California. On June 3, 2024, James Arthur Bautista filed a complaint against Jamie Awana, Brandon Awana, Connie Awana, and fifty unnamed defendants in the Superior Court of California. The case centers around an incident where Bautista was allegedly attacked by a dog owned by the defendants.
According to the complaint, Bautista was on the property located at 2145 University Avenue in Mountain View on September 10, 2023, when he was viciously attacked by a dog without any warning or provocation. Bautista claims that the defendants failed to secure the dog properly, resulting in severe injuries to his right hand. The plaintiff alleges that the defendants were negligent in maintaining both the dog and their property in a safe condition.
The lawsuit details several causes of action against the defendants: negligence, statutory liability under California's dog bite statute (Civil Code § 3342), strict liability, and premises liability. Bautista argues that the defendants had a duty to ensure their property and dog were safe for visitors but failed to do so. "Defendants breached such duty when they negligently, carelessly, recklessly, and/or unlawfully owned, controlled, and/or maintained the dog," states the complaint.
Bautista is seeking compensation for various damages including medical expenses, loss of earnings and earning capacity, pain and suffering, and other non-economic damages. He also demands pre-judgment and post-judgment interest as allowed by law. "As a direct and proximate result of their actions," Bautista claims he has suffered substantial physical, emotional, and monetary damages.
The case will be heard before Judge J. Nguyen under Case ID 24CV440441. Representing Bautista are attorneys Alivia Abreu and Patricia Mamac from Wilshire Law Firm PLC.