GMSR secured a writ of mandate for its client, the County of Los Angeles. Plaintiff alleged that the County had a “mandatory duty” to seize two privately-owned pit bulls before they attacked a plaintiff. The trial court had relied on provisions of the Los Angeles County Code to impose such a duty.
The Court of Appeal disagreed, holding that the Code did not create a mandatory duty under Government Code section 815.6 and rejecting plaintiffs’ additional theories. The court directed the trial court to vacate its prior order and grant the County’s motion for summary judgment.
To read the published Court of Appeal Opinion, click HERE.
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