A tragic incident involving a fatal dog attack has led to a lawsuit filed by the family of the deceased. On August 7, 2024, Abel Ortiz, Irma Babcock, and Enedina Castro filed a complaint in the Superior Court of California, County of Santa Clara, against Pinmore HDC Inc., Willows of HACSC Associates, Martin Stagi, and other unnamed defendants.
The plaintiffs are seeking justice for the death of their mother, Irma Castaneda Ortiz, who died on November 18, 2022. According to the complaint, Irma was visiting The Willows apartment complex in San Jose when she was attacked by a dog owned by Martin Stagi. The lawsuit alleges that the defendants were negligent in maintaining safe premises and failed to control an animal with known dangerous propensities. The plaintiffs claim that the dog had a history of jumping on people and that this behavior caused Irma to fall and suffer fatal injuries.
The lawsuit outlines several causes of action including negligence, premises liability, strict liability for injury caused by a domestic animal with dangerous propensities, wrongful death under CCP § 377.60, and survivorship under CCP § 377.20. The plaintiffs argue that Pinmore HDC Inc. and Willows of HACSC Associates failed to maintain a safe environment at their property and did not take necessary precautions despite knowing about the dog's aggressive behavior.
In their complaint, Abel Ortiz stated that he is bringing this suit as an heir to his mother's estate along with his sisters Irma Babcock and Enedina Castro. They are seeking general damages for pain and suffering, special damages for medical expenses incurred before their mother's death, funeral costs, loss of financial support from their mother’s earnings, and non-economic damages such as loss of companionship.
The case is being handled by attorneys Stacey R. Cutting and Devin A. Cutting from Bish & Cutting APC law firm. It has been assigned Case No.: 24CV444771 in the Superior Court of California with Judge J. Nguyen presiding over it.