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Dog Attack Victims Sue Property Owners for Negligence

NORTHERN CALIFORNIA RECORD

Sunday, November 24, 2024

Dog Attack Victims Sue Property Owners for Negligence

State Court
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A harrowing dog attack has led to a significant legal battle in Sacramento, California. Plaintiffs Rosalba Medina Garcia and Ismael Dominguez have filed a complaint against multiple defendants, alleging negligence and seeking damages for the injuries they sustained. The complaint was filed on July 23, 2024, in the Superior Court of California, County of Sacramento.

According to the court documents, the plaintiffs were lawfully present at a property located at 3712 42nd Ave in Sacramento on April 12, 2024, when they were viciously attacked by a pack of dogs owned by the defendants. The named defendants include Con Hien Tran, Helen Hoang Nguyen, Nadine Hall, Marcus Calhoun, Daid Lagan, Sergio Alvarado, and several unnamed individuals referred to as Does 1 through 50. The plaintiffs allege that these individuals had exclusive control over the maintenance of the property and failed to exercise ordinary care in managing it.

The complaint details how the plaintiffs suffered severe injuries due to this incident. "Without warning or provocation," states the document, "Plaintiffs were viciously attacked by a pack of dogs, thereby sustaining bite wounds throughout their bodies." The plaintiffs argue that this dangerous condition was due to the defendants' negligence in maintaining their property and controlling their dogs.

The lawsuit includes multiple causes of action: negligence, statutory liability under California's dog bite statute (Civil Code §3342), strict liability for owning dangerous animals, and premises liability. Each cause of action outlines how the defendants allegedly failed in their duties. For instance, under the first cause of action for negligence, it is stated that "Defendants breached such duty when they negligently, carelessly, recklessly, and/or unlawfully owned, controlled, and/or maintained the dogs."

The plaintiffs are seeking various forms of relief from the court. They request compensation for all past and future economic damages including medical expenses and loss of earnings. Additionally, they seek non-economic damages for pain and suffering as well as pre-judgment and post-judgment interest. The complaint also demands costs of suit and any other relief deemed just and proper by the court.

Representing Garcia and Dominguez are attorneys Megan Koster and Grecia Toscano from Wilshire Law Firm PLC. The case has been assigned Case No.: 24 O14 "759" in front of an unspecified judge at this time.

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