The Undemurrable Complaint and Supporting Authorities – California




A Complaint that will stick because it’s backed by Points and Authorities and has never been successfully defeated in court. The quickest, easiest, and cheapest way to start your dog bite cases, big and small. It will save you hours of research prior to filing. And you will have peace of mind knowing you covered all the bases. You get the following causes of action:

  • Liability Based on the Dog Bite Statute
  • General Negligence
  • Negligence Per Se Based on Violation of the Leash Law
  • Common Law Liability for Dangerous Propensity
  • Landlord Liability for Tenant’s Dog
  • Negligent Infliction of Emotional Distress upon Bystander
  • Battery (with Punitive Damages)
  • Negligence for Failing to Vaccinate the Dog against Rabies (NEW for 2024!)
  • Failure to Provide Identification and Rabies Information
  • Intentional Misrepresentation that Vicious Dog Was Friendly
  • Negligent Misrepresentation that Vicious Dog Was Friendly

Every allegation is backed with Points and Authorities that have been tested in court and won the day. No demurrer against it has ever been sustained, or motion to strike granted.

Here’s why you need The Undemurrable Complaint!

When a personal bodily injury is inflicted by a dog, the Complaint often will allege statutory liability pursuant to Civil Code section 3342, general negligence liability, negligence per se liability, and common law liability based on scienter or the so-called “one bite rule.” We have included the California versions of these 4 basic causes of action, but they often are not enough. Consider adding other causes of action that focus on the defendants’ wrongdoing, because wrongdoing motivates juries to award greater compensation. So in addition to the basics, here are 7 more causes of action against dog owners and others:

  • Negligence against the dog owner’s landlord based on the unreasonable failure to rid the premises of a dog that the landlord actually knew was vicious, or unreasonable failure to correct a condition of the property that the landlord should have known was dangerous because of the presence of a dog, vicious or not.
  • Negligent infliction of emotional distress suffered by a bystander, meaning a family member who saw or heard about the accident.
  • Battery for intentionally causing the dog to attack the victim. This includes the elements necessary to obtain punitive damages.
  • Negligence for failing to vaccinate the dog against rabies in violation of an ordinance requiring such vaccination, thus requiring the victim to undergo painful and costly treatment and suffer emotional distress.
  • Failure to provide identification and/or rabies vaccination information, thus requiring the victim to undergo painful and costly treatment and suffer emotional distress.
  • Intentional misrepresentation that the dog was friendly and safe when it fact it was vicious to humans.
  • Negligent misrepresentation that the dog was friendly and safe when the person making the representation had no reasonable basis for it.

This article contains every one of these causes of action and supporting points and authorities, all of which have been successfully tested in California cases by the author. No demurrer or motion to strike has ever been granted involving these causes of action when these powerful points and authorities have been presented to a court.

Warning! Statutory liability is often a trap for the unwary!

You’re wrong if you think you can get away with just alleging statutory strict liability pursuant to the California dog bite statute. All three of the articles that Attorney Kenneth M. Phillips has written for Trial Magazine, as well as his seminar called Tips and Tricks for Dog Bite Lawyers, warn against relying on strict liability because (a) jurors who own dogs hate it, (b) jurors who don’t own dogs think it’s a clever loophole exploited by a greedy lawyer and thus are not motivated by it, (c) judges will not admit evidence of wrongdoing because it is irrelevant in a strict liability case, (d) defense attorneys are aware you can’t get your evidence of wrongdoing in front of the jury so they admit liability to make you and the plaintiff look like you’re trying to get too much money, and (e) you will lose the case if the jury believes that the injury was caused by a scratch rather than a bite, or if you cannot prove that the defendant was the owner of the dog. Therefore you need to allege negligence and common law liability for scienter (i.e., the dog had the dangerous propensity to bite), and any of the 7 less common causes of action mentioned above.