A vicious dog attack has led to a legal battle in Santa Clara County, as a local resident seeks justice for severe injuries sustained from a neighbor's Rottweiler. On August 16, 2024, Luc Rebboah filed a complaint in the Superior Court of California, County of Santa Clara, against Darrell P. Zazueta and several other defendants.
According to the court documents, Mr. Rebboah was attacked by a Rottweiler named Vader on August 26, 2023, while collecting his mail at the Orchard Park Apartments in San Jose. The plaintiff alleges that the dog’s owners—Darrell P. Zazueta, Rose Linda Mendoza-Zazueta, and Starr Mendoza Zazueta—were negligent in controlling their pet. "When VADER saw Mr. REBBOAH, he quickly displayed aggressive behavior and went after him," the complaint states. Despite being on a leash, Vader was not restrained by Ms. Mendoza-Zazueta at the time of the incident.
The lawsuit details how Mr. Rebboah raised his arm to protect his face during the attack but still suffered severe injuries from Vader's bite. The attack reportedly continued until Ms. Mendoza-Zazueta managed to control the dog. The plaintiff also points out that this was not an isolated incident; in 2021, Vader had received a warning from San Jose Animal Control for aggressively chasing children off-leash at the same apartment complex.
The complaint further implicates JKL Orchard Park Associates and Conam Management Corporation—the entities responsible for managing Orchard Park Apartments—for failing to enforce their own policies regarding animal control and breed restrictions on their premises. "ORCHARD PARK APARTMENTS do not allow a number of dog breeds considered to be aggressive, including Rottweilers," states the document.
Mr. Rebboah is seeking general and special damages according to proof, interest on compensatory damages at the legal rate from the date of injury pursuant to California Civil Code §3291, attorney’s fees pursuant to California Civil Code §1942.4(b), costs of suit incurred, and any other relief deemed just and proper by the court.
Representing Mr. Rebboah are attorneys Paul F. Caputo and Kathryn H. Montaperto from Caputo & Van Der Walde LLP. The case is being overseen by Judge L Ayala under Case No.: 24CV445335.