Sylvia Mora vs. Rock Star Properties LLC dba AGWC Rockin’ Rescue, et al.

Case Background

On August 17, 2023, Sylvia Mora filed a personal injury lawsuit after a vicious dog bite accident on the premises of AGWC Rockin’ Rescue. The case was filed in California Superior Court, Los Angeles County. Judge Virginia Keeny presided over this case. [Case number: 23VECV03599]

Cause

Plaintiff Sylvia Mora resided in Granada Hills, Los Angeles County, California. Mora alleged that Defendant Rock Star Properties LLC DBA AGWC Rockin’ Rescue (“RESCUE”) operated as a business in Los Angeles County, California, and was governed by California state laws at all relevant times. Defendant Ady Gil World Conservation (“AWGC”) was a non-profit corporation operating under California laws in Los Angeles County. Defendant Ady Gil owned both RESCUE and AWGC. AWGC was managed by Defendant Fabienne Origer

On December 24, 2022, while volunteering at AWGC, Mora was attacked by a dog. The incident occurred while she was sitting on the sidewalk near RESCUE and AWGC. The dog, known to have a vicious nature, severely injured Mora. She was rushed to the emergency room. At all times, Defendants were responsible for the dog and should have been aware of its dangerous disposition.

Injury

As a result of Defendants’ negligence, Mora suffered severe injuries due to the vicious dog attack. It affected her back, neck, arms, wrist, and hand, causing nerve damage and loss of functionality. These injuries were permanent and led to disfigurement.

Damages

Mora incurred both past and future economic damages, including medical bills and expenses. Additionally, she sought past and future non-economic damages that encompassed physical pain, mental suffering, and emotional distress.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Sylvia Mora
    • Counsel for Plaintiff(s): Eli S. Cohen | Cioffi Remmer
  • Defendant(s): Rock Star Properties LLC DBA AGWC Rockin’ Rescue | Ady Gil World Conservation | Ady Gil | Fabienne Origer
    • Counsel for Defendant(s): Barak Isaacs

Claims

First Cause of Action: Negligence

Defendants owed Plaintiff a duty of reasonable care regarding the dog’s control and ownership. They needed to ensure the dog wore a proper muzzle or remained restrained to prevent harm. Defendants breached this duty by allowing the dog to stay unrestrained and unmuzzled on and off the premises. On December 24, 2022, the dog attacked Plaintiff, causing severe physical and emotional injuries. Consequently, Plaintiff required medical attention and faced ongoing medical expenses.

Second Cause of Action: Strict Liability (Civil Code Sec. 3342)

Under Civil Code section 3342, Defendants had a duty to prevent the dog from attacking. They failed to restrain or confine the dog, despite knowing its violent behavior. Defendants did not warn Plaintiff about the dog’s dangerous tendencies, making them strictly liable for the attack.

Third Cause of Action: Strict Liability (Animal with Known Dangerous Propensity)

Defendants owned and allowed the dog, known for its aggressive nature, to remain unrestrained. Although they were aware of the dog’s tendencies, they failed to warn Plaintiff or take protective measures. The dog’s dangerous nature significantly contributed to Plaintiff’s severe injuries, including the mauling of her arms and hands.

Fourth Cause of Action: Punitive Damages

Defendants knowingly allowed the dangerous dog to remain unrestrained, despite multiple warnings. Their blatant disregard for Plaintiff’s safety, given the dog’s known aggression, justified punitive damages. Defendants’ conduct demonstrated oppression, fraud, and malice, warranting additional damages.

Defense

Defendant AGWC denied every allegation and assumed affirmative defenses. They stated that any injury or damage resulted from Plaintiff assuming the risks associated with the activities undertaken. Thus, Plaintiff assumed all related risks.

Jury Verdict

On April 29, 2024, the California jury returned a defense verdict. The jury found that Mora had assumed the risk of harm, either contractually or otherwise, and no negligence was found on the part of the Defendants. The jury also determined that Mora’s own negligence was a substantial factor in causing her harm, attributing 100% of the fault to her.

On May 2, 2024, Judge Virginia Keeny ordered judgment in favor of Defendants Ady Gil World Conservation, Ady Gil, Fabienne Origer, and Rock Star Properties LLC. Summary judgment had previously been granted to Rock Star Properties LLC. As a result, Plaintiff Sylvia Mora received no damages.

Court Documents:

Available upon request