A Ventura County resident has filed a lawsuit against his neighbors, alleging severe injuries from a dog attack. The complaint was filed by Paul Benveniste on August 20, 2024, in the Superior Court of California, Ventura County, against Colette Freiberg, Randy Freiberg, and Jane Perkins.
According to the court documents, Benveniste claims that the defendants own multiple American Bully Pitbull dogs known for their vicious tendencies. He asserts that these dogs have previously shown aggressive behavior towards him and others. Specifically, in January 2023, one of the dogs attempted to attack Benveniste while he was at the defendants' property located at 11909 Berrybrook Ct., Moorpark, California. Although someone intervened to prevent injury during that incident, Benveniste alleges that he was assured by the defendants that the dogs would be kept away from him in future visits.
Despite these assurances, on May 6, 2023, Benveniste was allegedly attacked by two of the defendants' dogs while lawfully present at their property. The complaint states that the defendants failed to take necessary precautions such as leashing or muzzling their dogs despite knowing their dangerous propensities. "Defendants specifically chose this breed of dog because they desired a dog with vicious tendencies and propensities," reads part of the complaint.
Benveniste is seeking general damages for his physical injuries and emotional distress caused by the attack. He also requests compensation for past and future medical expenses incurred due to his injuries. Additionally, he seeks punitive damages against the defendants for what he describes as oppression and malice in failing to control their dangerous pets despite prior knowledge of their aggressive behavior.
The case is being handled by Jeffrey P. Schwalbach of Schwalbach Law Group APC. The plaintiff demands a jury trial and hopes for a favorable judgment that will hold the defendants accountable for their alleged negligence and strict liability under California Civil Code §3342.
The attorneys representing Paul Benveniste are from Schwalbach Law Group APC with Jeffrey P. Schwalbach leading the legal team. The case is identified as Case No. 2024CUPP028850 and is presided over by Judge Brenda L. McCormick in Ventura Superior Court.