LACo. Animal Care and Control loses round in court in pitbull attack lawsuit

Marcia Mayeda

In a five-page decision issued on May 3, 2015, Los Angeles Superior Court Judge Mel Red Recana denied Los Angeles County’s motion for security stating, “In light of the FAC, defendants [Marcia Mayeda, Los Angeles County] have not shown a reasonable probability of prevailing.”  The county requested the court require plaintiffs, Benjamin Devitt, Tad Devitt and April Devitt, to provide a bond in the amount of $60,500 to cover the costs of the county’s attorney’s fees and court costs under Code of Civil Procedure section 1030.  The county also filed a demurrer and motion to strike.

The lawsuit revolves around the death of Paula Devitt, a 63-year-old Palmdale woman who was mauled to death by a pack of unlicensed and unaltered pitbulls on 2013.  Plaintiffs’ causes of action include fraud, wrongful death, negligence, intentional infliction of emotional distress, negligent misrepresentation and public nuisance.

On May 9, 2013, Paula Devitt was jogging when she was attacked.  The attack was so severe that an arm and her scalp were ripped from her body.  She suffered more than 200 puncture wounds.

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