This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 07:31:55 (UTC).

INLAND VALLEY HUMANE SOCIETY ON BEHALF OF THE CITY OF POMONA VS JOSE BLAIR

Case Summary

On 06/26/2020 INLAND VALLEY HUMANE SOCIETY ON BEHALF OF THE CITY OF POMONA filed an Other lawsuit against JOSE BLAIR. 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:

    *******2080

  • Filing Date:

    06/26/2020

  • 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

INLAND VALLEY HUMANE SOCIETY ON BEHALF OF THE CITY OF POMONA

Respondent

BLAIR JOSE

Attorney/Law Firm Details

Petitioner Attorney

HASSELL MICHELINA J.

 

Court Documents

Minute Order - Minute Order (Hearing on Petition for Detrmination of Potentially Dangerous...)

8/17/2020: Minute Order - Minute Order (Hearing on Petition for Detrmination of Potentially Dangerous...)

Notice (name extension) - Notice of Entry of Order/Judgment

9/1/2020: Notice (name extension) - Notice of Entry of Order/Judgment

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

8/4/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Petition for Detrmination of Potentially Dang...) of 07/01/2020

7/1/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Petition for Detrmination of Potentially Dang...) of 07/01/2020

Minute Order - Minute Order (Court Order Re: Petition for Detrmination of Potentially Dang...)

7/1/2020: Minute Order - Minute Order (Court Order Re: Petition for Detrmination of Potentially Dang...)

Proof of Service by Mail - Proof of Service by Mail

7/6/2020: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration of Mia Noboa

6/26/2020: Declaration (name extension) - Declaration of Mia Noboa

Petition (name extension) - Petition for Detrmination of Potentially Dangerous Dogs and Imposition of Fines; Memorandum of Points and Authorities in Support Thereof

6/26/2020: Petition (name extension) - Petition for Detrmination of Potentially Dangerous Dogs and Imposition of Fines; Memorandum of Points and Authorities in Support Thereof

First Amended Standing Order - First Amended Standing Order

6/26/2020: First Amended Standing Order - First Amended Standing Order

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

6/26/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Declaration (name extension) - Declaration of Animal Control Officer Daniel Pena in Support of Petition for Determination of Potentially Dangerous Dog and Imposition of Fines

6/26/2020: Declaration (name extension) - Declaration of Animal Control Officer Daniel Pena in Support of Petition for Determination of Potentially Dangerous Dog and Imposition of Fines

Declaration (name extension) - Declaration of Rosalie Hernandez

6/26/2020: Declaration (name extension) - Declaration of Rosalie Hernandez

Civil Case Cover Sheet - Civil Case Cover Sheet

6/26/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Petition

6/26/2020: Summons - Summons on Petition

Notice of Hearing on Petition - Notice of Hearing on Petition

6/26/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

3 More Documents Available

 

Docket Entries

  • 09/01/2020
  • DocketNotice of Entry of Order/Judgment; Filed by: Inland Valley Humane Society on behalf of the City of Pomona (Petitioner); As to: Jose Blair (Respondent)

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  • 08/17/2020
  • DocketMinute Order (Hearing on Petition for Detrmination of Potentially Dangerous...)

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  • 08/17/2020
  • DocketHearing on Petition for Detrmination of Potentially Dangerous Dogs and Imposition of Fines; Memorandum of Points and Authorities in Support Thereof scheduled for 08/17/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/17/2020; Result Type to Held - Motion Granted

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  • 08/04/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/04/2020
  • DocketThere being no judge available this date, Hearing on Petition for Detrmination of Potentially Dangerous Dogs and Imposition of Fines; Memorandum of Points and Authorities in Support Thereof scheduled for 08/11/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/17/2020 09:30 AM

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  • 07/06/2020
  • DocketProof of Service by Mail; Filed by: Inland Valley Humane Society on behalf of the City of Pomona (Petitioner); As to: Jose Blair (Respondent)

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  • 07/01/2020
  • DocketOn the Court's own motion, Hearing on Petition for Detrmination of Potentially Dangerous Dogs and Imposition of Fines; Memorandum of Points and Authorities in Support Thereof scheduled for 10/30/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/11/2020 10:30 AM

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  • 07/01/2020
  • DocketMinute Order (Court Order Re: Petition for Detrmination of Potentially Dang...)

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  • 07/01/2020
  • DocketCertificate of Mailing for (Court Order Re: Petition for Detrmination of Potentially Dang...) of 07/01/2020; Filed by: Clerk

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  • 06/26/2020
  • DocketPetition for Detrmination of Potentially Dangerous Dogs and Imposition of Fines; Memorandum of Points and Authorities in Support Thereof; Filed by: Inland Valley Humane Society on behalf of the City of Pomona (Petitioner); As to: Jose Blair (Respondent)

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  • 06/26/2020
  • DocketHearing on Petition for Detrmination of Potentially Dangerous Dogs and Imposition of Fines; Memorandum of Points and Authorities in Support Thereof scheduled for 10/30/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/26/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 06/26/2020
  • DocketSummons on Petition; Issued and Filed by: Inland Valley Humane Society on behalf of the City of Pomona (Petitioner); As to: Jose Blair (Respondent)

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  • 06/26/2020
  • DocketCivil Case Cover Sheet; Filed by: Inland Valley Humane Society on behalf of the City of Pomona (Petitioner); As to: Jose Blair (Respondent)

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  • 06/26/2020
  • DocketDeclaration of Rosalie Hernandez; Filed by: Inland Valley Humane Society on behalf of the City of Pomona (Petitioner); As to: Jose Blair (Respondent)

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  • 06/26/2020
  • DocketDeclaration of Animal Control Officer Daniel Pena in Support of Petition for Determination of Potentially Dangerous Dog and Imposition of Fines; Filed by: Inland Valley Humane Society on behalf of the City of Pomona (Petitioner); As to: Jose Blair (Respondent)

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  • 06/26/2020
  • DocketDeclaration of Mia Noboa; Filed by: Inland Valley Humane Society on behalf of the City of Pomona (Petitioner); As to: Jose Blair (Respondent)

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  • 06/26/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 06/26/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/26/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STCP02080    Hearing Date: August 17, 2020    Dept: 25

HEARING DATE:    Mon., August 17, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME Inland Valley Humane Society v. Blair PET. FILED: 06-26-20

CASE NUMBER: 20STCP02080

NOTICE:   OK

PROCEEDINGS    PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOGS AND IMPOSITION OF FINES

MOVING PARTY:   Petitioner Inland Valley Humane Society

RESP. PARTY: None

PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS

TENTATIVE RULING:

Petitioner Inland Valley Humane Society’s Petition for Determination of Potentially Dangerous Dogs is GRANTED. Before releasing the Dogs, Respondent must comply with the conditions as set forth in Part III. B of this order, and must continue to comply with said conditions during his ownership of the Dogs. Furthermore, Respondent is ordered to pay a $250.00 fine to the City of Pomona, and must pay Petitioner fees and costs in the amount of $2,752.00, based on $1,190.00 for kenneling the Dogs at a rate of $10.00 per day for 119 days and other expenses of $1,562.00, within thirty (30) days of notice of this order.

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 13, 2020 [   ] Late [X] None

REPLY: None filed as of August 13, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On June 26, 2020, Petitioner Inland Valley Humane Society (“Petitioner” or “IVHS”) filed the instant Petition for Determination of Potentially Dangerous Dogs and Imposition of Fines (the “Petition”) against Respondent Jose Blair (“Respondent”).

The Petition seeks a declaration that two adult Pitbulls, a male named “Champ” and a female named “Zoey” (collectively, the “Dogs”), both fawn in color and owned by Respondent, are potentially dangerous as defined by Food and Agricultural Code section 31602, subdivision (c). (Pet., p. 2:3-8.) Respondent was served with the Petition and Notice of Hearing on July 6, 2020 via certified mail, return receipt requested, but has not filed an opposition.

  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 Dogs are Potentially Dangerous

The Petition is largely based on two main incidents that occurred on September 18, 2019 and April 20, 2020. (Pet., pp. 8:21-9:5.) Petitioner’s request to declare Champ and Zoey potentially dangerous dogs is supported by the declaration of IVHS Animal Cruelty Investigator Daniel Pena and witnesses Rosalie Hernandez (“Hernandez”) and Mia Noboa (“Noboa”).

First, the Court notes IVHS has received several reports regarding Champ and Zoey. (Pet., Pena Decl., ¶ 9.) First on October 15, 2018, IVHS received an anonymous report that the Dogs were off-leash while Respondent was teaching them to fight. (Id., Exh. B, 10/15/18 Complaint Information Report.) Three days later, on October 18, 2018, IVHS received a second report of the dogs being allowed to walk outside, off-leash, on a daily basis. (Id., 10/18/18 Complaint Information Report.) On March 13, 2019, IVHS received a third report of the unleashed Dogs attempting to attack Respondent’s neighbor and her dogs. (Id., 3/18/19 Complaint Information Report.) The reporting party stated that on March 13, 2019, while she was walking her dogs in her condominium complex, Champ and Zoey charged at her and her dogs. (Id.) Neither the reporting party nor her dogs were injured during this incident. (Id.)

On September 18, 2019, IVHS received a fourth report of the Dogs being outside without a leash. (Id., 9/18/19 Complaint Information Report.) While off-leash, the Dogs attacked a woman and her small Chihuahua mix as they were out on a walk. (Id.) The woman sustained dog bites to both hands and the Chihuahua required emergency veterinary care. (Id.) Respondent contained Champ and Zoey after he witnessed the Dogs approach and attack the small Chihuahua. (Id.) As a result of this incident, Champ and Zoey were taken into IVHS custody and placed on a ten-day quarantine. (Id.) The Dogs were released to Petitioner on the condition that he submit to a Potentially Dangerous Dog Restraint Order (the “Restraint Order”) that required him to keep the Dogs restrained with a 6-foot leash and muzzle while off Respondent’s property. (Id., Exh. A.)

Finally, on April 20, 2020, IVHS received a call from the Pomona Police Department regarding an incident involving the Dogs. (Pet., Pena Decl., ¶¶ 5-7.) Hernandez states that on April 20, 2020, she was walking her small dogs, “Baby” and “Tookie,” when she passed Respondent walking two adult Pitbulls. (Pet., Hernandez Decl., ¶ 1.) After passing them, Hernandez heard Respondent yell and when she turned around, she saw both Champ and Zoey charging at her. (Id.) She tried picking up Baby and Tookie, but Champ and Zoey jumped on her, causing her to fall to the ground. (Id.) One of the Dogs bit Hernandez’s arm. (Id.) Zoey and Champ then proceeded to attack Baby and Tookie. (Id.) Noboa, a neighbor, observed that both Champ and Zoey had blood around their mouths. (Pet., Noboa Decl., ¶ 1.) She also observed that Respondent struggled to control the Dogs, that they were aggressive, and that they were not muzzled. (Id.) As a result of this incident, Hernandez suffered scrapes, bruises, and puncture wounds. (Id., Hernandez Decl., ¶ 2.) In addition, Baby suffered bruising and a puncture wound to his left hind area, and Tookie suffered from two broken ribs, skin and muscle separation, and multiple puncture wounds. (Id., Exh. 1.) The Dogs were taken into IVHS custody that same day, on April 20, 2020. (Id., at ¶ 8.)

Based on the evidence presented, Champ and Zoey are found, by a preponderance of the evidence, to be potentially dangerous dogs as defined by Food and Agricultural Code 31602, subdivision (c).

B. Conditions Upon Release of the Dogs

 

Food and Agricultural Code section 31621 provides the Court with the authority to “find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.” (Italics added.)

Section 31642 requires all potentially dangerous dogs to be properly licensed and vaccinated.

Section 31642 provides:

“A potentially dangerous dog, while on the owner's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner's premises  only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult.”

In addition, Section 31643 provides:

 

Respondent asks that the Court require respondents to adhere to the following conditions:

  1. Respondent and the Dogs must adhere to the requirements of Food and Agricultural Code, sections 31641 through 31643;

  2. Respondent must install two secure kennels in the rear yard of Respondent’s property, bolted to cement ground, the top of the kennel must be chain-linked, and all points of access must be securely locked with a padlock before the Dogs are released;

  3. Respondent must ensure that all points of access to the kennel are reasonably secured from entry or trespass by children;

  4. Respondent must post “Dangerous Dog” signs on all points of access to the kennel and Respondent’s property;

  5. Respondent must neuter and spay the Dogs before being released;

  6. If Respondent seeks to move the Dogs outside of Pomona IVHS jurisdiction, he must first provide IVHS proof of dog licenses at the new address, Pomona IVHS must first contact the new city’s humane society before the Dogs are moved, and Respondent must continue to be held accountable for all conditions herein sought;

  7. Respondent must keep the Dogs in a secure enclosure at all times while on Respondent’s property;

  8. Respondent must keep the Dogs muzzled and on a leash of not more than five (5) feet when off Respondent’s property;

  9. The Dogs must wear a “Dangerous Dog” identification tag;

  10. Respondent must obtain liability insurance in the amount of $100,000 for each dog for any injuries caused by the Dogs;

  11. Respondent must agree to unannounced property inspections to assure the Dogs are properly secured; and

  12. Respondent must provide IVHS with proof of enrollment and completion of obedience training within six (6) months of the Dogs’ release from IVHS custody.

As the Court is authorized to make additional only orders as provided by Sections 31601-31683, the Court grants Petitioner’s request as to conditions 1, 6, 7, 8. (Food & Agric. Code, § 31621.)

C. Costs and Fines

 

Petitioner seeks reimbursement for the costs of kenneling the impounded Dogs pursuant to Food and Agricultural Code section 31625. (Pet., p. 10:1-12.) If a dog is adjudicated potentially dangerous or vicious, the owner or keeper of the dog shall be liable to the city or county where the dog is impounded for the costs and expenses of keeping the dog. (Food & Agric. Code, § 31625, subd. (a).)

Here, IVHS took Champ and Zooey into custody on April 20, 2020 and have remained in custody since then. (Pet., Pena Decl., ¶ 16.) Thus, Petitioner is entitled to a total of $2,752.00, which includes $1,190.00 for the cost of kenneling the Dogs at a rate of $10.00 per day for 119 days and other expenses of $1,562.00. (Id., Exh. C.)

In addition, 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 Pomona.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Inland Valley Humane Society’s Petition for Determination of Potentially Dangerous Dogs is GRANTED. Before releasing the Dogs, Respondent must comply with the conditions as set forth in Part III. B of this order, and must continue to comply with said conditions during his ownership of the Dogs. Furthermore, Respondent is ordered to pay a $250.00 fine to the City of Pomona, and must pay Petitioner fees and costs in the amount of $2,752.00, based on $1,190.00 for kenneling the Dogs at a rate of $10.00 per day for 119 days and other expenses of $1,562.00, within thirty (30) days of notice of this order.

 

Moving party is ordered to give notice.