This case was last updated from Los Angeles County Superior Courts on 10/01/2020 at 01:38:41 (UTC).

CITY OF BURBANK ANIMAL SHELTER VS STEPHANIE SCHESTAG

Case Summary

On 04/14/2020 CITY OF BURBANK ANIMAL SHELTER filed an Other lawsuit against STEPHANIE SCHESTAG. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1342

  • Filing Date:

    04/14/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

CITY OF BURBANK ANIMAL SHELTER

Respondent

SCHESTAG STEPHANIE

Attorney/Law Firm Details

Petitioner Attorney

LEE MICHAEL MINSHEN

 

Court Documents

Notice (name extension) - Notice OF THE COURTS ORDER TO CONTINUE THE HEARING ON PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS

9/3/2020: Notice (name extension) - Notice OF THE COURTS ORDER TO CONTINUE THE HEARING ON PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS

Memorandum of Points & Authorities - Memorandum of Points & Authorities

9/8/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Memorandum of Points & Authorities - Memorandum of Points & Authorities OBJECTION AND REPLY TO SUPPLEMENTAL REPLY AND OBJECTIONS FILED BY PETITIONER

9/16/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities OBJECTION AND REPLY TO SUPPLEMENTAL REPLY AND OBJECTIONS FILED BY PETITIONER

Reply (name extension) - Reply Petitioner City of Burbank Animal Shelters Supplemental Reply in Support of Petition to Determine if Dog is Potentially Dangerous

9/16/2020: Reply (name extension) - Reply Petitioner City of Burbank Animal Shelters Supplemental Reply in Support of Petition to Determine if Dog is Potentially Dangerous

Objection (name extension) - Objection Petitioner City of Burbank Animal Shelter's Evidentiary Objections to Respondent Stephanie Schestag's Evidence Submitted on September 8, 2020

9/16/2020: Objection (name extension) - Objection Petitioner City of Burbank Animal Shelter's Evidentiary Objections to Respondent Stephanie Schestag's Evidence Submitted on September 8, 2020

Notice (name extension) - Notice OF WITHDRAWAL REQUESTING HEARING DATE ON PETITION TO BE TAKEN OFF CALENDAR

9/28/2020: Notice (name extension) - Notice OF WITHDRAWAL REQUESTING HEARING DATE ON PETITION TO BE TAKEN OFF CALENDAR

Opposition (name extension) - Opposition Memorandum in opposition to petition to determine if dog is potentially dangerous or vicious

8/28/2020: Opposition (name extension) - Opposition Memorandum in opposition to petition to determine if dog is potentially dangerous or vicious

Objection (name extension) - Objection EVIDENTIARY OBJECTIONS TO OPPOSITION AND NEWLY INTRODUCED EVIDENCE BY RESPONDENT STEPHANIE SCHESTAG

8/31/2020: Objection (name extension) - Objection EVIDENTIARY OBJECTIONS TO OPPOSITION AND NEWLY INTRODUCED EVIDENCE BY RESPONDENT STEPHANIE SCHESTAG

Reply (name extension) - Reply PETITIONER CITY OF BURBANK ANIMAL SHELTERS REPLY IN SUPPORT OF PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS; SUPPLEMENTAL DECLARATIONS OF HOLLY BATTAGLIA, CYNT

8/31/2020: Reply (name extension) - Reply PETITIONER CITY OF BURBANK ANIMAL SHELTERS REPLY IN SUPPORT OF PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS; SUPPLEMENTAL DECLARATIONS OF HOLLY BATTAGLIA, CYNT

Minute Order - Minute Order (Hearing on Petition PETITION TO DETERMINE IF DOG IS POTENTIAL...)

9/3/2020: Minute Order - Minute Order (Hearing on Petition PETITION TO DETERMINE IF DOG IS POTENTIAL...)

Minute Order - Minute Order (Hearing on Petition PETITION TO DETERMINE IF DOG IS POTENTIAL...)

8/18/2020: Minute Order - Minute Order (Hearing on Petition PETITION TO DETERMINE IF DOG IS POTENTIAL...)

Notice (name extension) - Notice of Continuance of Hearing on Petition and the Court's Rulings

8/18/2020: Notice (name extension) - Notice of Continuance of Hearing on Petition and the Court's Rulings

Proof of Personal Service - Proof of Personal Service

4/23/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

4/14/2020: First Amended Standing Order - First Amended Standing Order

Petition (name extension) - Petition PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS OR VICIOUS (Menacing Dog)

4/14/2020: Petition (name extension) - Petition PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS OR VICIOUS (Menacing Dog)

Civil Case Cover Sheet - Civil Case Cover Sheet

4/14/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4/14/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

4/14/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

6 More Documents Available

 

Docket Entries

  • 12/09/2020
  • Hearing12/09/2020 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 09/28/2020
  • DocketNotice OF WITHDRAWAL REQUESTING HEARING DATE ON PETITION TO BE TAKEN OFF CALENDAR; Filed by: City of Burbank Animal Shelter (Petitioner); As to: Stephanie Schestag (Respondent)

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  • 09/28/2020
  • DocketOrder to Show Cause Re: Dismissal scheduled for 12/09/2020 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 09/28/2020
  • DocketHearing on Petition PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS OR VICIOUS (Menacing Dog) scheduled for 09/29/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/28/2020

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  • 09/16/2020
  • DocketReply Petitioner City of Burbank Animal Shelter?s Supplemental Reply in Support of Petition to Determine if Dog is Potentially Dangerous; Filed by: City of Burbank Animal Shelter (Petitioner)

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  • 09/16/2020
  • DocketObjection Petitioner City of Burbank Animal Shelter's Evidentiary Objections to Respondent Stephanie Schestag's Evidence Submitted on September 8, 2020; Filed by: City of Burbank Animal Shelter (Petitioner)

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  • 09/16/2020
  • DocketMemorandum of Points & Authorities OBJECTION AND REPLY TO SUPPLEMENTAL REPLY AND OBJECTIONS FILED BY PETITIONER; Filed by: Stephanie Schestag (Respondent)

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  • 09/08/2020
  • DocketMemorandum of Points & Authorities; Filed by: Stephanie Schestag (Respondent)

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  • 09/03/2020
  • DocketHearing on Petition PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS OR VICIOUS (Menacing Dog) scheduled for 09/29/2020 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 09/03/2020
  • DocketNotice OF THE COURT?S ORDER TO CONTINUE THE HEARING ON PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS; Filed by: City of Burbank Animal Shelter (Petitioner); As to: Stephanie Schestag (Respondent)

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7 More Docket Entries
  • 08/18/2020
  • DocketPursuant to the request of plaintiff, Hearing on Petition PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS OR VICIOUS (Menacing Dog) scheduled for 08/18/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 09/03/2020 10:30 AM

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  • 08/18/2020
  • DocketHearing on Petition PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS OR VICIOUS (Menacing Dog) scheduled for 09/03/2020 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 04/23/2020
  • DocketProof of Personal Service; Filed by: City of Burbank Animal Shelter (Petitioner); As to: Stephanie Schestag (Respondent); Service Date: 04/22/2020; Service Cost Waived: No

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  • 04/14/2020
  • DocketPetition PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS OR VICIOUS (Menacing Dog); Filed by: City of Burbank Animal Shelter (Petitioner); As to: Stephanie Schestag (Respondent)

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  • 04/14/2020
  • DocketCivil Case Cover Sheet; Filed by: City of Burbank Animal Shelter (Petitioner); As to: Stephanie Schestag (Respondent)

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  • 04/14/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 04/14/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/14/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/14/2020
  • DocketHearing on Petition PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS OR VICIOUS (Menacing Dog) scheduled for 08/18/2020 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 04/14/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP01342    Hearing Date: September 03, 2020    Dept: 25

HEARING DATE: Thu., September 3, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: City of Burbank Animal Shelter v. Schestag PET. FILED: 04-14-20

CASE NUMBER: 20STCP01342

NOTICE: OK

PROCEEDINGS: PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS

MOVING PARTY: Petitioner City of Burbank Animal Shelter

RESP. PARTY: Respondent Stephanie Schestag, in pro per

PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS

(Cal. Food & Agric. Code § 31601, et seq.)

TENTATIVE RULING:

Petitioner City of Burbank Animal Shelter’s Petition to Determine if Dog is Potentially Dangerous is CONTINUED TO SEPTEMBER 29, 2020 at 9:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Respondent must file and serve supplemental papers addressing the deficiencies identified herein.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: Filed on August 28, 2020 [X] Late [ ] None

REPLY: Filed on August 31, 2020 [X] Late [ ] None

ANALYSIS:

  1. Background

On April 14, 2020, Petitioner City of Burbank Animal Shelter (“Petitioner”) filed the instant Petition to Determine if Dog is Potentially Dangerous (the “Petition”) against Respondent Stephanie Schestag (“Respondent”).

The Petition seeks to declare Louie, an 8-year-old white American Bulldog, potentially dangerous as defined by Food and Agricultural Code section 31602. (Pet., ¶¶, 2, 4.) Respondent was personally served with this Petition on April 22, 2020. (4/23/20 Proof of Service.) No opposition was filed.

At the initial hearing on August 18, 2020, Respondent stated she did not have an opportunity to serve Petitioner with newly produced evidence. (8/18/20 Minute Order.) Petitioner requested a continuance of the hearing to allow Respondent an opportunity to serve her documents and the Court granted that request. (Id.) Thereafter, Respondent filed a late Opposition, in pro per, on August 28, 2020 and Petitioner filed a Reply on August 31, 2020.

  1. Legal Standard

A hearing on petition to declare a dog potentially dangerous or vicious pursuant to California Food & Agricultural Code section 31600, et seq., must be held promptly, within no less than five working days nor more than ten working days after service of the petition and notice upon the owner or keeper of the dog. (Food & Agric. Code, § 31621.)

At the hearing, the Court may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses. (Food & Agric. Code, § 31621.) A finding that the dog is potentially dangerous or vicious must be made upon a preponderance of the evidence. (Id.)

“ ‘Potentially dangerous dog’ means any of the following:

(a) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

(b) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604.

(c) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.”

(Food & Agric. Code § 31602.)

However, “[n]o dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.” (Food & Agric. Code, § 31626, subd. (a).)

  1. Discussion

The Petition is based on two incidents that occurred earlier this year and is supported by the declarations of animal control officer Brenda Castaneda, police officer Ryan Alexy (“Alexy”), and witnesses Holly Battaglia (“Battaglia”), Cynthia Phillips (“Phillips”), and Theresa Daou (“Daou”). (Id., at ¶ 6.)

In Opposition, Respondent disputes Petitioner’s version of the events and submits several declarations as evidence. However, the Court notes that none of the declarations submitted are signed under penalty of perjury as required by Code of Civil Procedure section 2015.5. Thus, the Court cannot consider the submitted declarations as evidence. In addition, the Court notes that factual assertions in a statement of facts or memorandum of points and authorities must be supported by admissible evidence. (Smith, Smith, & King v. Superior Court (1997) 60 Cal.App.4th 573, 577-78.) Any facts not supported by admissible evidence must be disregarded by the Court. (Id.) As Respondent has not submitted any admissible evidence, her factual assertions are wholly unsupported.

However, in the interest of justice, the Court will CONTINUE the hearing one last time to allow Respondent an opportunity to correct the deficiencies in the evidence presented.

  1. Conclusion & Order

For the foregoing reasons, Petitioner City of Burbank Animal Shelter’s Petition to Determine if Dog is Potentially Dangerous is CONTINUED TO SEPTEMBER 29, 2020 at 9:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Respondent must file and serve supplemental papers addressing the deficiencies identified herein.

Moving party is ordered to give notice.

Case Number: 20STCP01342    Hearing Date: August 18, 2020    Dept: 25

HEARING DATE: Tue., August 18, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: City of Burbank Animal Shelter v. Schestag PET. FILED: 04-14-20

CASE NUMBER: 20STCP01342

NOTICE: OK

PROCEEDINGS: PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS

MOVING PARTY: Petitioner City of Burbank Animal Shelter

RESP. PARTY: None

PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS

(Cal. Food & Agric. Code § 31601, et seq.)

TENTATIVE RULING:

Petitioner City of Burbank Animal Shelter’s Petition to Determine if Dog is Potentially Dangerous is GRANTED. In addition, Respondent is ordered to pay a fine of $250.00 to the City of Burbank.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 14, 2020 [ ] Late [X] None

REPLY: None filed as of August 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 14, 2020, Petitioner City of Burbank Animal Shelter (“Petitioner”) filed the instant Petition to Determine if Dog is Potentially Dangerous (the “Petition”) against Respondent Stephanie Schestag (“Respondent”).

The Petition seeks to declare Louie, an 8-year-old white American Bulldog, potentially dangerous as defined by Food and Agricultural Code section 31602. (Pet., ¶¶, 2, 4.) Respondent was personally served with this Petition on April 22, 2020, but has not filed an opposition. (4/23/20 Proof of Service.)

  1. Legal Standard

A hearing on petition to declare a dog potentially dangerous or vicious pursuant to California Food & Agricultural Code section 31600, et seq., must be held promptly, within no less than five working days nor more than ten working days after service of the petition and notice upon the owner or keeper of the dog. (Food & Agric. Code, § 31621.)

At the hearing, the Court may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses. (Food & Agric. Code, § 31621.) A finding that the dog is potentially dangerous or vicious must be made upon a preponderance of the evidence. (Id.)

“ ‘Potentially dangerous dog’ means any of the following:

(a) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

(b) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604.

(c) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.”

(Food & Agric. Code § 31602.)

However, “[n]o dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.” (Food & Agric. Code, § 31626, subd. (a).)

  1. Discussion

A. Determination that Dog is Potentially Dangerous

The Petition is based on two incidents that occurred earlier this year and is supported by the declarations of animal control officer Brenda Castaneda, police officer Ryan Alexy (“Alexy”), and witnesses Holly Battaglia (“Battaglia”), Cynthia Phillips (“Phillips”), and Theresa Daou (“Daou”). (Id., at ¶ 6.)

On January 16, 2020, Battaglia was walking her small Yorkie mix, Kai, together with Phillips as she walked her two Corgis. (Id., Battaglia Decl., ¶ 2, Phillips Decl., ¶ 2.) When they saw Respondent walking Louie and two other dogs, Battaglia and Phillips attempted to cross the street. Based on their previous experience, they knew Louie was aggressive. (Id., Battaglia Decl., ¶ 3, Phillips Decl., ¶ 5.) As Battaglia and Phillips were crossing, two of Respondent’s dogs charged at Battaglia. (Id., Battaglia Decl., ¶ 3, Phillips Decl., ¶ 3.) As Respondent attempted to control her other two dogs, Louie bit and held on to Kai with his mouth. (Id.) Kai was able to break loose but sustained a large laceration which required emergency surgery on his right flank. (Id., Battaglia Decl., ¶ 4, Exh. G.) Kai’s injuries required stitches and a drain, which was removed after four days. (Id.) The stitches were removed after two weeks. (Id.) As a result of this incident, Animal Control Officer Dan Sheflin issued a Warning Notice to Respondent. (Id., Castaneda Decl., 4, Exh. A.)

On February 12, 2020, Daou was walking her small terrier mix, Mutzi, and pushing a Chihuahua, Coco, on a stroller when Louie and one other dog came running out of Respondent’s residence toward Daou and her dogs. (Id., Daou Decl., ¶ 2.) Daou tried hitting Louie to get him away, but he continued trying to bite Mutzi. (Id., at ¶ 3.) During the attack, she witnessed Louie biting Mutzi’s hindquarters. (Id.) Although Mutzi managed to pull out of her leash and run away from Louie, she suffered abrasions and bruising to her body. (Id., at ¶¶ 4, 6, Exh. I.) As a result of this incident, Respondent was issued a second Warning Notice. (Id., Castaneda Decl., ¶ 5, Exh. B.)

Importantly, Respondent has not filed an opposition disputing Petitioner’s evidence.

Based on the evidence presented, Louie is found, by a preponderance of the evidence, to be a potentially dangerous dog as defined by Food and Agricultural Code 31602, subdivision (c).

B. Mandatory Fines

Food and Agricultural Code section 31662 requires that a violation involving a potentially dangerous dog be punished by a fine not to exceed $500.00. Any fines imposed must be paid to the city or county in which the violation occurred to defray the costs of implementing these regulations. (Food & Agric. Code, § 31663.) Thus, the Court imposes a fine of $250.00 to be paid to the City of Burbank.

  1. Conclusion & Order

For the foregoing reasons, Petitioner City of Burbank Animal Shelter’s Petition to Determine if Dog is Potentially Dangerous is GRANTED. In addition, Respondent is ordered to pay a fine of $250.00 to the City of Burbank.

Moving party is ordered to give notice.