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This case was last updated from Los Angeles County Superior Courts on 07/04/2020 at 04:28:19 (UTC).

INLAND VALLEY HUMANE SOCIETY ON BEHALF OF THE CITY OF POMONA VS JULIA ALICIA CALIXTO

Case Summary

On 02/21/2020 INLAND VALLEY HUMANE SOCIETY ON BEHALF OF THE CITY OF POMONA filed an Other lawsuit against JULIA ALICIA CALIXTO. 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 Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0753

  • Filing Date:

    02/21/2020

  • Case Status:

    Not Classified By Court

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

INLAND VALLEY HUMANE SOCIETY ON BEHALF OF THE CITY OF POMONA

Respondent

CALIXTO JULIA ALICIA

Attorney/Law Firm Details

Petitioner Attorney

HASSELL MICHELINA J.

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON PETITION FOR DETERMINATION OF POTENTIALLY DANGEROU...)

6/22/2020: Minute Order - MINUTE ORDER (HEARING ON PETITION FOR DETERMINATION OF POTENTIALLY DANGEROU...)

Notice - NOTICE NOTICE OF CONTINUED HEARING ON PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

4/30/2020: Notice - NOTICE NOTICE OF CONTINUED HEARING ON PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

Notice Re: Continuance of Hearing and Order

4/17/2020: Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order

3/23/2020: Notice Re: Continuance of Hearing and Order

Proof of Service by Mail

3/4/2020: Proof of Service by Mail

Minute Order - MINUTE ORDER (HEARING ON PETITION FOR DETERMINATION OF POTENTIALLY DANGEROU...)

3/12/2020: Minute Order - MINUTE ORDER (HEARING ON PETITION FOR DETERMINATION OF POTENTIALLY DANGEROU...)

Notice of Hearing on Petition

3/4/2020: Notice of Hearing on Petition

Notice of Case Reassignment and Order for Plaintiff to Give Notice

2/27/2020: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Declaration - DECLARATION OF ANIMAL CONTROL OFFICER DANIEL PENA IN SUPPORT OF PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

2/21/2020: Declaration - DECLARATION OF ANIMAL CONTROL OFFICER DANIEL PENA IN SUPPORT OF PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

Notice of Case Assignment - Unlimited Civil Case

2/21/2020: Notice of Case Assignment - Unlimited Civil Case

Civil Case Cover Sheet

2/21/2020: Civil Case Cover Sheet

Summons - SUMMONS ON PETITION

2/21/2020: Summons - SUMMONS ON PETITION

Petition - PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

2/21/2020: Petition - PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Declaration - DECLARATION OF TIFFANIE SANDOVAL IN SUPPORT OF PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

2/21/2020: Declaration - DECLARATION OF TIFFANIE SANDOVAL IN SUPPORT OF PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

Declaration - DECLARATION OF TINA LONG IN SUPPORT OF PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

2/21/2020: Declaration - DECLARATION OF TINA LONG IN SUPPORT OF PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

Declaration - DECLARATION OF BRIAN ARNOLD IN SUPPORT OF PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

2/21/2020: Declaration - DECLARATION OF BRIAN ARNOLD IN SUPPORT OF PETITION FOR DETERMINATION OF POTENTIALLY DANGEROUS DOG AND IMPOSITION OF FINES

4 More Documents Available

 

Docket Entries

  • 06/22/2020
  • Docketat 10:00 AM in Department 25, James E. Blancarte, Presiding; Hearing on Petition (for Determination of Potentially Dangerous Dog and Imposition of Fines) - Held

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  • 06/22/2020
  • DocketMinute Order ( (Hearing on Petition for Determination of Potentially Dangerou...)); Filed by Clerk

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  • 05/07/2020
  • Docketat 10:30 AM in Department 25, James E. Blancarte, Presiding; Hearing on Petition (for Determination of Potentially Dangerous Dog and Imposition of Fines) - Not Held - Advanced and Continued - by Court

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  • 04/30/2020
  • DocketNotice (Notice of Continued Hearing on 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)

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  • 04/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 04/06/2020
  • Docketat 10:30 AM in Department 25, James E. Blancarte, Presiding; Hearing on Petition (for Determination of Potentially Dangerous Dog and Imposition of Fines) - Not Held - Advanced and Continued - by Court

    Read MoreRead Less
  • 03/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

    Read MoreRead Less
  • 03/12/2020
  • Docketat 10:30 AM in Department 25, James E. Blancarte, Presiding; Hearing on Petition (for Determination of Potentially Dangerous Dog and Imposition of Fines) - Held - Continued

    Read MoreRead Less
  • 03/12/2020
  • DocketMinute Order ( (Hearing on Petition for Determination of Potentially Dangerou...)); Filed by Clerk

    Read MoreRead Less
  • 03/04/2020
  • DocketProof of Service by Mail; Filed by Inland Valley Humane Society on behalf of the City of Pomona (Petitioner)

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  • 03/04/2020
  • DocketNotice of Hearing on Petition; Filed by Clerk

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  • 02/27/2020
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 02/21/2020
  • DocketSummons (on Petition); Filed by Inland Valley Humane Society on behalf of the City of Pomona (Petitioner)

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  • 02/21/2020
  • 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)

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  • 02/21/2020
  • DocketDeclaration (of Tina Long 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)

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  • 02/21/2020
  • DocketDeclaration (of Tiffanie Sandoval 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)

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  • 02/21/2020
  • DocketCivil Case Cover Sheet; Filed by Inland Valley Humane Society on behalf of the City of Pomona (Petitioner)

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  • 02/21/2020
  • DocketPetition (for Determination of Potentially Dangerous Dog 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)

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  • 02/21/2020
  • DocketDeclaration (of Brian Arnold 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)

    Read MoreRead Less
  • 02/21/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 20STCP00753    Hearing Date: June 22, 2020    Dept: 25

PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS

(Cal. Food & Agric. Code § 316200, et seq. )

TENTATIVE RULING:

The Petition for Determination of Potentially Dangerous Dog and Imposition of Fines is GRANTED in part, and DENIED in part, as set forth below.

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 June 17, 2020 [ ] Late [X] None

REPLY: None filed as of June 17, 2020 [ ] Late [X] None

ANALYSIS:

I. Background

On February 21, 2020, Petitioner Inland Valley Humane Society (“Petitioner or “IVHS”) filed the instant Petition for Determination of Potentially Dangerous Dog and Imposition of Fines against Respondent Julia Alicia Calixto (“Respondent”).

The Petition seeks a declaration that two German Shepherd male dogs are potentially dangerous as defined by Food & Agricultural Code section 31602, subdivision (c), on the basis that the dogs killed and seriously injured two domesticated neighborhood cats. (Pet., pp. 3-4.)

On March 12, 2020, the Court continued this hearing due to Petitioner’s failure to file a proof of service demonstrating Respondent was properly served with the Petition. (3/12/20 Minute Order.)

On April 17, 2020, the Court, on its own motion, continued the hearing to June 22, 2020 at 10:00 a.m. and ordered Petitioner to give notice of the change. On April 30, 2020, Petitioner filed a proof of service demonstrating it served Respondent with the changes. (4/30/20 Proof of Service.)

To date, no opposition to this Petition has been filed.

II. 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).)

“Any violation of this chapter involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500) (emphasis supplied). Any violation of this chapter involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($1,000).

III. Discussion

As an initial matter, the Court notes that Respondent was properly served with the Petition and Notice of Hearing by mail on March 4, 2020. (3/4/20 Proof of Service.)

The Petition is based on incidents that occurred on October 9, 2019 and December 30, 2019. (Pet., pp. 3-4.) The incidents were investigated by Animal Cruelty Investigator, Officer Daniel Pena (“Officer Pena”) and involve three German Shepherds, “Wolfie,” a white dog, and “Oso” and “Sam,” black and brown dogs (collectively, the “Dogs”). (Pet., p. 3.) The Petition seeks to declare Wolfie and Sam potentially dangerous dogs and is supported by the declaration of witnesses Tina Long (“Ms. Long”), Tiffanie Sandoval (“Ms. Sandoval”), and Brian Arnold (“Mr. Arnold”).

On October 9, 2019, Ms. Long witnessed a white German Shepherd and a tan German Shepherd chase and attack her cat, “Blue.” (Pet., Long Decl., ¶ 1.) Ms. Long states she was able to chase the dogs away and noticed the dogs were picked up by a dark vehicle. (Id. at ¶ 2.) Due to the extent of Blue’s injuries, a veterinarian recommended Blue be euthanized. (Id.) The dogs also chewed up the underside of Ms. Long’s vehicle, causing $800.00 in damages. (Id.) After recognizing the dogs on a social media application, Ms. Long reported the incident to IVHS on October 21, 2019. (Id. at ¶ 4.)

On December 3, 2019, as Ms. Sandoval was walking to her vehicle, she saw three dogs, two black and brown German Shepherds and a white German Shepherd, attacking her neighbor’s cat. (Pet., Sandoval Decl., ¶ 1.) She states she witnessed the dogs pass the cat back and forth until it was dead and called her neighbor, Mr. Arnold, to inform him of the attack. (Id.) Mr. Arnold found his cat “Perry” torn apart. (Pet., Arnold Decl., ¶ 2.) After confirming Perry was deceased, he contacted IVHS regarding the incident and buried Perry. (Id.)

Officer Pena responded to Mr. Arnold’s report and captured the three Dogs after observing them running loose in the neighborhood. (Pet., Pena Decl., ¶ 5.) Officer Pena states that during his investigation, he discovered that Sam had an IVHS tag and lived with the other two dogs in the City of Pomona (Id.) He then took the Dogs into custody. (Id.) On January 15, 2020, IVHS officers contacted Respondent and informed her that Wolfie and Sam would remain in custody due to their case history with IVHS, but Oso was released back to Respondent. (Id. at ¶ 6.)

Petitioner has provided evidence of two separate incidents within the last 36-month period during which Wolfie inflicted serious injury upon two domesticated animals, resulting in their death, while Wolfie was off of Respondent’s property. Based on this evidence, Wolfie is found to be a “Potentially Dangerous Gog”. (See Food & Agric. Code § 31602(c).

In addition, on December 3, 2019, when Officer Pena responded to a report of dogs attacking, and ultimately killing a cat (Pet., Sandoval Decl,. ¶ 1., one of the dogs involved was described as a “white German Shepard”. (See Pet., Sandoval Decl..¶ 1.) One of the other dogs that attacked Blue was described, simply as a “tan” German Shepherd. (Long Decl., ¶ 1.) Because both Sam and Oso are black and brown, and because IVHS officers did not ascertain which dog was involved in that incident, the Court cannot determine whether it was Sam and/or Oso that was involved. Thus, the Court cannot find that either of those two dogs were involved in the attacks where a domesticated animal was killed or severely injured within the prior 36-month period. (See Food & Agric. Code § 31602.)

Based on the evidence above, Wolfie is found, by a preponderance of evidence, to be a “Potentialy Dangerous Dog”, pursuant to Food & Agric. Code § 31602(c). Accordingly, the Petition is GRANTED as to Wolfie, and DENIED as to Oso and Sam.

IV. Conclusion & Order

For the foregoing reasons, the Petition for Determination of Potentially Dangerous Dog and Imposition of Fines is GRANTED as to “Wolfie”, and DENIED as to Oso and Sam. Pursuant to the mandatory provisions of Food & Agric. § 31662, the Petition, as to imposition of fines, is GRANTED with regard to Wolfie in the amount of three hundred dollrs ($300).

Moving party is ordered to give notice.

Case Number: 20STCP00753     Hearing Date: March 12, 2020    Dept: 25

Inland Valley Humane Society v. Calixto

PETITION TO DETERMINE IF DOG IS POTENTIALLY DANGEROUS

(Cal. Food & Agric. Code § 316200, et seq. )

TENTATIVE RULING:

The Petition for Determination of Potentially Dangerous Dog and Imposition of Fines is CONTINUED TO APRIL 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least five days before the next scheduled hearing, Petitioner must file a proof of service demonstrating Respondent was properly served with the Petition. Failure to do so may result in the Petition being placed off calendar or denied.

ANALYSIS:

Background & Discussion

On February 21, 2020, Petitioner Inland Valley Humane Society (“Petitioner”) filed the instant Petition for Determination of Potentially Dangerous Dog and Imposition of Fines against Respondent Julia Alicia Calixto (“Respondent”).

The Petition seeks a declaration that two German Shepherd male dogs are potentially dangerous as defined by Food & Agricultural Code section 31602, subdivision (c), on the basis that the dogs killed and seriously injured two domesticated neighborhood cats. (Pet., pp. 3-4.)

Service of the Petition

Food & Agricultural Code section 31621 requires that a dog’s owner be notified of a hearing so that he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. (Food & Agric. Code § 31621.) “The owner or keeper of a dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested.” (Ibid.) (Italics added.)

Here, because Petitioner has not filed a proof of service, it is unclear whether Respondent was served with the instant Petition and given an opportunity to respond. Thus, Petitioner is ordered to file a proof of service demonstrating Respondent was properly served in accordance with Food & Agricultural Code § 31621.

Conclusion & Order

For the foregoing reasons, the Petition for Determination of Potentially Dangerous Dog and Imposition of Fines is CONTINUED TO APRIL 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least five days before the next scheduled hearing, Petitioner must file a proof of service demonstrating Respondent was properly served with the Petition. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.

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