No Mandatory Duty To Capture And Take Pit Bulls Into Custody.

One afternoon, three boys were walking home from school when two pit bulls attacked and seriously injured one of them. A lawsuit was brought against the dogs’ owner, the landlord and the County of Los Angeles. Among other allegations, the complaint alleged the county had received nine complaints the pit bulls had jumped the fence and were running around loose chasing people, yet the county failed to capture and take the pit bulls into custody. Most complainers did not identify themselves, but one did, and she reported two pit bulls jumped a fence and killed two goats. According to the complaint, after the instant attack, the county seized the dogs and they were euthanized. The county brought a motion for summary judgment arguing they had no mandatory duty to capture the pit bulls prior to the attack, noting they were never sure which specific animals were involved with the complaints. The trial court denied the County’s summary judgment motion, finding there were undisputed facts the dogs constituted a hazard and a menace to the health, peace and safety of the community and concluding the county had a mandatory duty to take custody of the dogs before the attack. The Court of Appeal granted the county’s petition for extraordinary relief, directing the trial court to grant the county’s motion for summary judgment.  County of Los Angeles v. Sup. Ct. (Kameron Faten, a Minor)  (Cal. App. Second  Dist., Div. 8; September 20, 2012) 209 Cal.App.4th 543.