Case Background
In May 2020, Los Angeles Animal Services took in a three-year-old male pit bull after it attacked a jogger. The dog, named O’Gee, bit both of the jogger’s arms without provocation, causing severe injuries. Shelter records documented the attack, the injuries, and the absence of justification. After a rabies quarantine, O’Gee was placed in the main kennels. Weeks later, supervisors approved his adoption to the general public.
Cause
The shelter publicized O’Gee as adoptable without disclosing his bite history. His photograph and description appeared online with no warning of his prior attack. Brent Alvarado, son of plaintiffs Argelia and Jose Alvarado, saw the posting and adopted O’Gee in June 2020. Shelter staff never informed him about the earlier mauling or its severity. In September 2020, O’Gee attacked Argelia at the family home. The mauling lasted about 20 minutes, causing catastrophic harm before animal control captured and euthanized the dog.
Injury
The attack left Argelia with devastating injuries. Her right arm shattered and was amputated above the elbow. Her left arm suffered permanent damage, leaving her disabled. She endured additional injuries and lasting trauma. Argelia required extensive medical care, prosthetics, rehabilitation, and ongoing treatment. Her injuries profoundly impacted her physical health, daily functioning, and quality of life.
Damages
Plaintiffs sought compensation for medical expenses, prosthetics, and ongoing care. They also claimed damages for pain, suffering, and permanent disability. Argelia’s husband, Jose Alvarado, sought damages for loss of consortium. He alleged loss of companionship, affection, support, and household assistance since the attack. Plaintiffs requested compensatory damages, interest, and costs of the suit.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Argelia Alvarado | Jose Alvarado
Counsel for Plaintiffs: Kenneth Morgan Phillips
Defendant(s): City of Los Angeles | Roes 1 through 10 Inclusive
Counsel for Defendant: Karen Woodward
Claims
The complaint asserted four causes of action. First, negligence per se based on violation of California Food and Agricultural Code §30526, requiring shelters to disclose bite histories. Second, negligent failure to warn the adopter of the dog’s known history. Third, negligent failure to evaluate whether a dog with an unjustified bite history was adoptable. Fourth, Jose Alvarado’s claim for loss of consortium. Plaintiffs alleged the City of Los Angeles breached mandatory duties and sought full damages at trial.
Defense
The City of Los Angeles filed a general denial under California Code of Civil Procedure §431.30, rejecting all allegations in the complaint. The City argued that any injuries or damages were caused, at least in part, by the plaintiffs’ own negligence or by the negligence of third parties.
The City also raised several affirmative defenses, including assumption of risk, statute of limitations, and failure to comply with the California Tort Claims Act. Additionally, it asserted immunity under Government Code §§ 815.2, 820.2, 820.8, and 822.2, shielding public entities and employees from liability in certain circumstances. The City demanded a jury trial and requested dismissal of the action with costs.
Settlement
On January 18, 2024, plaintiffs Argelia and Jose Alvarado notified the Los Angeles Superior Court that their case against the City of Los Angeles had reached a conditional settlement on December 29, 2024, pending City Council approval by June 1, 2024. The notice confirmed upcoming hearings, including a final status conference on February 23, 2024, and trial on March 4, 2024, unless dismissal occurs.
Court Documents
Court documents are available for purchase upon request at [email protected]
