Demurrer Sustained Without Leave In Dog-Biting Incident

In the case of Benjamin Devitt, et al. v. County of Los Angeles, Los Angeles County Superior Court case number BC568584, attorneys Jill Williams and Evelina Gentry obtained a favorable ruling in which the case was dismissed after a demurrer was sustained without leave to amend in a wrongful death action arising out of the fatal mauling of a woman by a pack of pit bulls.  After the owner of the pit bulls was convicted of second degree murder, the woman’s family sued the County of Los Angeles Department of Animal Care & Control arguing that the County had received prior complaints about the dogs, yet failed to take action to impound the dogs.  The trial court dismissed the case, finding that, pursuant to Government Code section 815.6, the County did not have a mandatory duty to impound the dogs and, as such, was immune from liability.