Court of Appeal rules that animal control officer assumes the risk of being bitten in directing that summary judgment be entered for GMSR’s client

Breeden v. Superior Court (2014) 2014 Cal.App. Unpub. LEXIS 7216 (California Court of Appeal, Fourth Appellate District, Division Two) [unpublished]. Two pet pit bulls mauled an animal control officer who was attempting to impound them. The animal control officer sued the dogs’ owner and the owner’s landlord. The trial court denied the landlord’s motion for summary judgment. On behalf of the landlord, GMSR petitioned the Court of Appeal for writ relief arguing that the primary assumption of risk doctrine barred the suit because the danger of confronting vicious animals is inherent in the job of animal control. The Court of Appeal agreed. It granted a peremptory writ ordering the trial court to enter summary judgment for the landlord, saving the landlord from the cost of an unnecessary trial.