On Sept.11, 2009, plaintiff Staci Chiaese was at her residence in Temeucula when Deputy John Kuhn and another deputy stopped to speak to Chiaese’s son on the front lawn. As Chiaese went out the front door to find out what was going on, one of her pit bulls also came out of the house. When Kuhn looked up and saw the dog approaching, he pulled out his weapon and shot the dog. The pit pull died. Chiaese initially sued Kuhn (who was erroneously sued as “Officer Jon Kuhn”) and the Temeucula Police Department. However, the complaint was amended to be against “Deputy John Kuhn” and his employer, the county of Riverside. Chiaese alleged that Kuhn’s actions constituted excessive force and negligence and that the county was vicariously liable for Kuhn’s actions. Chiaese claimed that she was illegally seized by Kuhn, who acted negligently when he shot one of her pit bulls without warning. She alleged that her pit bull was usually a well-trained, obedient, and well-socialized dog and that it was not near either of the deputies when Kuhn shot it. Defense counsel contended that while Kuhn and the other deputy where speaking with Chiaese’s son on the front lawn, the pit bull came out of the house and raced directly at them. Kuhn claimed the pit pull charged him, barking, growling, and showing its teeth. He claimed that as a result, he defended himself by shooting the pit bull with his handgun when the dog was about 3 to 4 feet from him. Thus, defense counsel argued that Kuhn was acting in self-defense and that the use of the firearm was reasonable given the circumstances., Chiaese sought recovery of damages for her emotional distress as a result of the seizure and death of her pit bull.