DNoonan -- Update on your dog?

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Gunga galunga... gunga, gunga-galunga.
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Still playing out....officially getting sued so dont want to say too much but i am also battling with local PD about the officer and her incomplete report....here is where we are:

- "alleged" incident occured end of Feb....essentially we ordered a new bed and told the company that we had two big dogs and asked them to call when arriving...they did and it was all good, except they brought the wrong headboard......

- they redeliver the right headboard but this time they skip the phone call, skip the intercom, etc. and just ring the bell then open the door to our yard (we have an 8 foot fence around the whole property with an intercom, video box etc)....my folks were in town so the front door to gate wasnt locked as it normally is.

- when it all went down, i went first to the intercom/video box, saw gate was already open and heard one of my dogs barking.....ran downstairs to go outside....dog is in the middle of the yard/in front of the gate barking at the two guys.....I call him and he comes immediately (he is professionally trained and I am very firm with him in general).....at this point the gate is open and the guys are on the sidewalk. dog is not pursuing or attacking anything.....just posturing and holding his ground until I called him......

- i put the dog in the house, dude carries the big ass box (like 8 feet long) to the side of our house, then puts it down and comes with something like "bro your dog just bit me, i dont even want to finish this delivery right now".......he flashed an area that was red up around his rib/armpit but I didnt get a good look and it was def not bleeding through his uniform or anything.....he doesnt finish delivery and bails....

- i am stressed and go for a surf. get back. i have a complaint notice from the PD and animal control about the "pit bull attack" that occured on my property.....asking to interview dog, take pictures and get a statement......here is where it gets even more messed up

- i call back the number on the complaint notice that day and they are closed....ok

- i call back during business hours and get a message saying if you are getting this message during business hours they are on another call, so I leave my info including my cell, notify them that dog is current on all of his shots and tell them the local vet that handles his shots and to call me for a statement.

- nothing for a week.....I feel like I have responded at this point and am hoping it will just blow over.

- next week get a notice from a personal injury attorney the delivery puddy hired...i guess i shouldnt hate insurance as much as I always have but besides the point....

- then that weekend I also get another notice from PD, must have come on a Saturday as I picked it up on Sunday

- Sunday I have to leave for a meeting in NYC on Monday.....so I call AGAIN from La Guardia waiting for my flight and get the same damn messge when I call back....

- I say fuck it and call regular dispatch saying I am looking for Officer ______ because I received another notice in the mail but have already responded via phone multiple times......leave my info again, but this time with a dispatch officer.

- next day i get a call from the officer providing an email addy and asking for a statement, pics and vacs records......this is tuesday....I end up missing my connection out of Denver on Monday due to delays out of La Guardia so dont even get home until Tuesday afternoon. I respond via email on Thursday with vax records, pictures, statement, etc. Given the lawsuit and that i didnt see the dog bite him, I also asked for pictures...here is what I get back (after following up like 5 times I was about as pissed as noonan gets).

"I submitted the report without your information. Please get your dog a XXXXX dog license I will send you paperwork through the mail. Yes I took photos and it will be available when through records. You must request it. Due to the report needing to be submitted, I submitted it already without your information we have time restraints. Your DR# is XX-XXX."

Basically she submitted everything to LA County (the big beast) without any record of our side of the story or even showing that our dog was current on rabies....so bad for lawsuit and worse if they want to try to move on my dog. Could matter as he is in the "system" from one asshole neighbor at my old place in hollywood. When animal control came out that time, they met the dog, saw how well trained he was and that my yard was secure, told me "sounds like you have an asshole for a neighbor" and bounced.....no biggie generally, but now when something else comes up.....

he is also a pitt mix at best, so clearly trying to milk the pitt thing for the lawsuit...

i have good insurance coverage, so i am still just sweating them taking our family dog

i was losing a lot of sleep over it, especially since we had to put our other dog down about 5 days after the incident (another reason he might have been on edge in addittion to the construction at the house next door)....but am feeling a bit better about the fact that it has been this long and they havent come and grabbed his ass, but the way LA county works they could just be on a 2 month backlog.....honestly havent even checked in with insurance....they said it usually takes months to work out. I know i have $1K medical and $100K liability so cant fathom this dude getting more than that, but these days who knows.....

thanks for checking in man....i am def not going down without a fight if it comes to it....already called a few law firms to get representation vs. the city if needed but all of the ones i called just want to be the plaintiff on the victim's side.....

other fucked up part is i still have two headboards from the company (never took the old one or set up the new one). I want to return the whole thing since they are suing me and could be responsible for us losing our dog, but I def dont want them coming to my house again......

fully recognize that a lot of people have problems that are a lot more serious, but this shit sucks!
 

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This might be a stupid question but who enters through an 8 ft. wall or whatever gate unlocked I don't care and especially in that area?

I last lived in and around that very LA area applicable to this case, Hollywood Hills, in 1982 and even then common sense was you decide entering unannounced under any circumstances into walled off residence area, property of Wall & House Owner/Occupant and whatever happens to you "Oh Well".

I seem to have noticed above no mention at all of the owness for the dog bite that this liar didn't even get anyways being on HIM for deciding to trespass beyond the wall of a fucking private residence and not just that but a private residence within a ritzy ass part of fuggin LOS ANGELES.

What am I missing here?

Is there no, like, even "rumination" within this situation of the responsibility for this crap being upon the dumbass who made the decision to venture through the gate?

No consideration to the weight of such a decision contributing to the outcome seen?

I'm really confused here.
 
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Yeah just reading your story not sure where the guy could of had the chance to get bit. But dog should be good. Just make sure you have beware of dog signs (like the barking isn't enough) but they shouldn't of just tried to show up that's their fuck up
 

Gunga galunga... gunga, gunga-galunga.
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thanks guys. Cali dog bite law is pretty unfavorable to the dog owner. Unless we can show that they did something to intentionally provoke the dog and/or were fully trespassing we are liable and our best bet (from speaking with the attorney retained by state farm) is that the judge can assign a portion of the responsibility to the delivery guy. So maybe he is held to be 30% responsible b/c a reasonable person would have used the tools in front of them (intercom, etc) and likely could have simply put the 8 foot box in between the dog and him and retreated, stuff like that. The second the dogs hear the bell they bark like mad and run for it so there is no way he didnt hear barking immediately upon or right after hitting the front bell.

We have an uphill battle on trespassing since they had one of those like 4 hour windows. But this is all the civil case. The city/county has no record of anything other than pit bull attack at my residence b/c of the lazy (or maybe understaffed/overstretched) cop that filed an incomplete report. My guess is that the dude was in violation of company policy as well as they must teach you to wait to be greeted before entering a closed door/gated property.

(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.


Bottom line is this dude saw an opportunity to get paid IMO and jumped at it. Here is what it looks like from the outside. Picture was texted to me by another delivery guy upon making an early morning delivery. So while I feel like I clearly have common sense on my side (especially since we had previously informed the company about the dogs), it looks like Cali law has me swimming upstream on the lawsuit.

View attachment 18005
 

Gunga galunga... gunga, gunga-galunga.
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Yeah just reading your story not sure where the guy could of had the chance to get bit. But dog should be good. Just make sure you have beware of dog signs (like the barking isn't enough) but they shouldn't of just tried to show up that's their fuck up

yeah, signs are up now for sure. and there is very little chance that he didnt hear barking before entering as they did ring the bell, they just didnt even give me enough time to walk 9 steps from my bed where i was working on my laptop to the intercom/video box to tell them to hold on or to call the dogs....they had already entered and were in the yard by the time i made it to the intercom....(i was on the second floor).....dogs have a door that allows them to get into our "fully enclosed" yard, so the dog in question was outside immediately upon hearing the bell...

concern is that they can deem the dog "dangerous" or "vicious" and potentially confiscate/destroy...especially since he is in the system as a pitt and LA county has another (albeit bullshit) report on him...that's what is stressing me out
 

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Hope things work out for you and the family, has to be a bad stressful experience, hang in there!
 

Gunga galunga... gunga, gunga-galunga.
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thanks Sharky, much appreciated and hope all is well with you buddy. you going to be in Vegas during June?

if so, would be nice to meet up for a drink or a meal....looks like I will be there ~6/25 - 7/2....
 

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I'll be around in May for a bit then back in late summer for the season, enjoy the fall there with the many sports going and like going offseason other places for nursing stuff, we'll see, things can change quickly depending on external factors. Spent many summers there and try to avoid the scorching heat if possible.
 

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attachment.php


WOW.

Even more "impenetrable fortress don't fucking come in here just la-dee-da with your presence unknown" than I expected.

I had visualized wrought iron one could see through lol.

Thats serious shit up there ^^^^

I'm encouraged to hear of the angles we know the lawyers will work to the best of their abilities:

a.) percentage of responsibility on dumbass who is so obviously (and was as a main part of his LifePlan) looking for a Payout.

b.) bullshit/overblown-ness of first (historic) report on dog. (at least I hope some lawyer will argue this)

c.) what medical report evidence even actually exists to document dumbass shill's injuries?


Most troubling to me is that bizarre "we have time limits" nothing getting attached to your submittal.

I'm like:

"Can't attach stuff later huh?" as in some strange clock runs out deadline buzzer thats, like, the end period no wavering?

Its not like I am asking for the Seahawks to get the ball back and choose a different play here man.....

I was deeply deeply troubled by the whole

"I submitted the report without your information. Please get your dog a XXXXX dog license I will send you paperwork through the mail. Yes I took photos and it will be available when through records. You must request it. Due to the report needing to be submitted, I submitted it already without your information we have time restraints. Your DR# is XX-XXX."



That literally made me go "Oh HELL NAW" out loud even....which rarely happens to me from just reading stuff.

That part of this affair along with dumbass entering that scary don't come in gate setup are what most trouble me here...


Might yet be a thing that troubles me even more though, even more than those ^^^ very puzzling things. Worse case scenario they come take the dog there are HEARING(s) and stuff, right? I mean they can't just put a dog down without Hearing(s) (Appeal, if necessary)....

...right?
 

Gunga galunga... gunga, gunga-galunga.
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Exactly ML Dog! If you are an officer and conducting an investigation, it makes no sense to just refuse/ignore addittional information that becomes available. Thought it was also weak that she wouldnt send us the photos of the alleged wound.

Especially when you consider that there is also a civil law suit involving the matter. We have written a letter to the PD to document and express our displeasure.

I have done some research on the process and from what I can gather they would need to have a hearing before putting him down, but they might be able to come take him for evaluation/quarantine without anything further. I have the guy who trained him on standby in case they require an evaluation and allow us to do it at our house. He has agreed to come over for support given that the dog is extra obedient around his trainer. Said I can also hide him out at his house for a while if it comes down to it. I work from home, so was basically just using my van as a mobile office so he wouldnt be around if anyone came by with the puppy paddywagon for the first couple weeks. There are also a couple different designations - "potentially dangerous" and then "vicious" I believe. If you get deemed the first you may be able to agree to restrictions (muzzled when off your property, not allowed off the property, etc.).

Appreciate the support man. Hoping for the best. Will update this thread as things unfold. I am going to check in with insurance soon to see how much this clown is asking for. Hope they fight it like I will fight the city/county if they come after our family member!

By the way, the house directly next to us had someone try to break into the house twice in the same day during the last two weeks. they are doing construction, so someone assumed that they weren't home and got scared away when the resident confronted them as they tried to break in through a back door at 6:30 in the morning. I feel a lot better when I go out of town knowing that if someone came after my wife and kids that this dog would do everything in his power to defend them and could likely buy them enough time to call for help or get out (if someone was dumb enough to try it).

Bottom line is this is not a bad/vicious dog. If I greet you at the door and you dont act sketchy, you are in the pack as far as he is concerned. My buddies can come in unescorted no problem. I can take him to the vet and he doesnt need to be sedated, muzzled etc.. If you are relaxed, he is relaxed.

With that said, if someone shows up in some uniform with a dog noose to toss him in the bag of a wagon to be evaluated by the city and makes no effort to greet the dog, etc. it is possible that they might not get along so well and things could head south quick. He is also part Vlad, so he is a bit more nervous around hispanic men (likely something that happened before we adopted him)....he was down to his last day at the humane society....could hardly walk he was so atrophied.
 

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So you asked for a "motion of discovery" and they didn't provide it? That will show you every statement, picture, and evidence and by whom it was provided by. They have to provide it, and failure to do so should throw out the case, IMO.

Good luck, DNoonan. My buddy went through basically this same ordeal. They quarantined his dog for a period of time, but luckily he got him back and the story blew over with no reprimands...
 

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If the dog is part Vlad its absolutely pertinent DNoonan that no Black Quarterbacks get anywhere near the dog.

This whole "officer and conducting an investigation, it makes no sense to just refuse/ignore additional information that becomes available. Thought it was also weak that she wouldn't send us the photos of the alleged wound."

Screams at me personally "shits getting dismissed somewhere along the way 'n maybe even LA County can come up off of a little money for being fuck-ups"

Now I ain't no lawyer D I just play one in court when I am ordered to go to the court at which time I am Drunk as Fuck.

Not bcuz Court makes me nervous or anything I just don't agree some dudes should be able to force me to have to go anywhere and least of all a Courtroom so whenever I encounter this situation I get good and liquored up so that by the time I arrive at the Court I am Drunk As Fuck.

"Conscientious Objection" you know, Civil Protest I mean....most accurately Drunk to the point of being nearly Unconscious Objection so, like, this is my own version of
"Conscientious Objection" DNoonan.


Its not a strategy I recommend.


It backfired on me massively. On more than one occasion D.


I do recommend though that you ask Legal if any of this can be tossed out on the grounds of the PD making that impediment to you getting your Evidence attached. And you not getting Evidence in return.


If I still lived in LA I'd go down there my own self and ask them what the fuck their malfunction is (just cuz I am personally curious of what that would be, intrigued to know) after a few drinks of course.

To loosen the tongue so I could be most effective in my questioning of PD there.


I feel like this is all gonna be OK.

Please thwart this obvious Scammer DNoonan otherwise he will never stop doing this to people unfortunate enough to cross paths with him.
 

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