Legal Opinion

Salinas v. Martin

California Court of Appeal

Decided August 28, 2008No. A119733PublishedCited by 10 opinions

1Opinion of the Court

Opinion

SWAGER, J.

The trial court granted respondent’s motion for summary judgment upon a finding that respondent owed no duty of care to prevent an attack of appellant by a pit bull present on respondent’s property with his express consent. We conclude that respondent owed a duty of care to appellant and reverse the judgment.

STATEMENT OF FACTS

Respondent was the owner of a residence located on McLaughlin Street in Richmond. In 2005, he embarked upon a remodeling project at the residence that included construction of a new foundation. Respondent hired Burle Southard to act as general contractor…

2Cases cited30 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Rowland v. ChristianCalifornia Supreme Court · 1968
  3. Ann M. v. Pacific Plaza Shopping CenterCalifornia Supreme Court · 1993
  4. Kahn v. East Side Union High School DistrictCalifornia Supreme Court · 2003
  5. Uccello v. LaudenslayerCalifornia Court of Appeal · 1975

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3Cited by10 opinions

  1. Johnson v. PrasadCalifornia Court of Appeal · 2014
  2. Staats v. Vintner's Golf Club, LLC, California Court of Appeal, 5th District2018
  3. Albillo v. Ports O'Call Restaurant Corp. CA2/4California Court of Appeal · 2015
  4. Estate of St. John v. SchaefflerCalifornia Court of Appeal · 2025
  5. Garcia v. HoltCalifornia Court of Appeal · 2015

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