Jesus N. v. Fisher
Filed 6/15/06 Jesus N. v. Fisher CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
JESUS N., JR., through his Guardian Ad Litem, JESUS N., Plaintiff and Respondent, v. HAROLD FISHER, et al., Defendants and Appellants. | B182051 (Los Angeles County Super. Ct. No. PC032752) |
Appeal from a judgment of the Superior Court of Los Angeles County, Barbara M. Scheper, Judge. Affirmed.
Anthony J. Rista for Defendants and Appellants Harold Fisher and Charlene Fisher.
No appearance for Plaintiff and Respondent Jesus N., Jr., through his Guardian Ad Litum, Jesus N.
INTRODUCTION
Plaintiff and respondent Jesus N., Jr. (Junior[1]), then nine years old, suffered a serious laceration to his scalp and other injuries to his head when he was bitten by a large Akita dog owned by defendants and appellants Harold Fisher and Charlene Fisher (Harold and Charlene, or collectively, the Fishers). The incident took place while the dog was on a staked leash inside the Fishers' dog enclosure[2] adjacent to their recreational vehicle. Junior sued the Fishers' for damages, asserting one cause of action against them under the so-called dog bite statute, Civil Code section 3342, subdivision (a) (section 3342). That statute, inter alia, imposes liability on the owner of a dog that bites a person when he or she is on the owner's property â€